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UNIGARD INS. CO. v. DEPARTMENT OF TREASURY

No. 97-CV-1126 K(AJB).

997 F.Supp. 1339 (1997)

UNIGARD INSURANCE COMPANY, Plaintiff, v. DEPARTMENT OF THE TREASURY, Bureau of Alcohol, Tobacco & Firearms, Defendant.

United States District Court, S.D. California.

December 5, 1997.

Attorney(s) appearing for the Case

Peter A. Lynch, Cozen & O'Connor, San Diego, CA, for Plaintiff.

Alan D. Bersin, U.S. Atty, Beth L. Levine, Asst. U.S. Atty., San Diego, CA, for Defendant.

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION

KEEP, Chief Judge.

Defendant Department of the Treasury, Bureau of Alcohol, Tobacco & Firearms ("ATF") has filed a motion to dismiss for lack of subject matter jurisdiction, improper venue and failure to state a claim, or in the alternative, for summary judgment. Plaintiff Unigard Insurance Company has filed an opposition and cross-motion for summary judgment. Defendant...

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