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LOPER v. U.S.

No. 3:94-CV-1036RM.

904 F.Supp. 863 (1995)

Kenneth LOPER, et al., Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, N.D. Indiana, South Bend Division.

August 22, 1995.

Attorney(s) appearing for the Case

Charles A. Asher, South Bend, IN, for plaintiffs.

Clifford D. Johnson, Asst. U.S. Atty., Joseph J. Jensen, South Bend, IN, for defendant.

MEMORANDUM AND ORDER

MILLER, District Judge.

This cause comes before the court on the motion of defendant United States of America, pursuant to Federal Rule of Civil Procedure 12(b)(1), to dismiss plaintiff Judith Loper's loss of consortium claim for failure to file the appropriate administrative claim as required by the Federal Tort Claims Act (FTCA). For the reasons that follow, the court finds that the defendant's motion to dismiss must be denied...

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