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MORENO v. U.S.

No. 96 Civ. 3723(SWK).

965 F.Supp. 521 (1997)

Julio MORENO, Plaintiff, v. UNITED STATES of America, United States Marshals Service, Defendants.

United States District Court, S.D. New York.

May 28, 1997.

Attorney(s) appearing for the Case

William Pagan & Associates, P.C. by William Pagan, New York City, for Plaintiff.

Mary Jo White, United States Attorney for the Southern District of New York by Linda A. Riffkin, New York City, for Defendants.

MEMORANDUM OPINION AND ORDER

KRAM, District Judge.

In this personal injury action, defendants the United States of America and the United States Marshals Service (the "USMS") move to dismiss the complaint of plaintiff Julio Moreno ("Moreno"), pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), on the grounds that the Court lacks subject matter jurisdiction to hear Moreno's claim. For the reasons set forth below, defendants' motion...

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