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FULLMER v. U.S.

No. 2:95-CV-0009-S.

34 F.Supp.2d 1325 (1997)

Jerry FULLMER, et al., Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. Utah, Central Division.

July 21, 1997.

Attorney(s) appearing for the Case

Lynn C. Harris, Spence, Moriarity & Schuster, Provo, UT, Robert P. Schuster, Spence, Moriarity & Schuster, Jackson, WY, for Plaintiff.

William Ryan, Asst. U.S. Atty., Carlie Christensen, Asst. U.S. Atty., Jeannette F. Swent, Asst. U.S. Atty., United States Attorney Office, District of Utah, Salt Lake City, UT, Conrad S. Kee, U.S. Army Judge Advocate General, Arlington, VA, for Defendant.

MEMORANDUM DECISION REGARDING DEFENDANT'S MOTION TO DISMISS

SAM, Chief Judge.

I. INTRODUCTION

Before the court is defendant's motion to dismiss certain of plaintiffs' allegations of negligence for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1). The basis of the motion is defendant's assertion that no cause of action exists under the Federal Tort Claims Act ("FTCA") with respect to alleged acts or omissions attributed...

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