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BALLMER v. BABBITT

Civil Action No. 2:96-0010.

926 F.Supp. 575 (1996)

R. James BALLMER, Plaintiff, v. Bruce M. BABBITT, et al., Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

May 28, 1996.

Attorney(s) appearing for the Case

Anna M. Dailey and Mark E. Heath, Smith, Heenan & Althen, Charleston, WV, for plaintiff.

Rebecca A. Betts, U.S. Attorney, Charleston, WV, Sandra M. Lieberman, U.S. Dept. of Interior, Pittsburgh, PA, Richard M. Hall, U.S. Dept. of Justice, Environment & Natural Resources Division, General Litigation Section, Washington, DC, for defendants.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is the Defendants' Motion to Dismiss pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. The parties have submitted their respective memoranda and the matter is mature for the Court's consideration.

In considering a motion to dismiss, the Court should accept as true all well-pleaded allegations and should view the complaint in a light most favorable to the...

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