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LOWRY v. COM. OF CANADA

Civil No. 95-cv-236.

917 F.Supp. 290 (1996)

Peter LOWRY v. COMMONWEALTH OF CANADA.

United States District Court, D. Vermont.

February 14, 1996.

Attorney(s) appearing for the Case

David J. Williams, St. Johnsbury, VT, for Plaintiff.

Tristram J. Coffin, Assistant U.S. Attorney, Burlington, VT, Ford C. Ladd, U.S. Department of Justice, Washington, DC, for Defendant.

RULING ON DEFENDANT'S MOTION TO DISMISS

(Paper 2)

MURTHA, Chief Judge.

The plaintiff alleges the defendant's military activities on the Vermont border damaged his birds by flying too low. Defendant Commonwealth of Canada has moved to dismiss the instant action for lack of jurisdiction and for failure to state a claim upon which relief may be granted. For the reasons set forth below, defendant's motion to dismiss is GRANTED.

I...

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