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CLARK v. U.S.

No. 4:96cv34.

974 F.Supp. 895 (1996)

Darrell CLARK and Shanna Clark, Individually and a/n/f Kennedi Clark, a Minor, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, E.D. Texas, Sherman Division.

Order on Reconsideration August 1, 1996.

Attorney(s) appearing for the Case

Carol Phillips Lomax, Branton & Hall, San Antonio, TX, for Darrell Clark, Shanna Clark.

James G. Touhey, Jr., U.S. Dept. of Justice, Washington, DC, James W. Jennings, Jr., U.S. Atty., San Antonio, TX, for U.S.

MEMORANDUM OPINION and ORDER

PAUL N. BROWN, District Judge.

Pending before the Court is Defendant's motion to dismiss Plaintiffs' claims for injuries arising out of military service pursuant to Federal Rule of Civil Procedure 12(b)(1). The Court having considered the motion, response, reply, and complaint is of the opinion that the motion should be granted.

BACKGROUND

Darrell Clark ("Clark") served as a sergeant in the United...

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