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BERRY v. U.S.

No. 5-96-CV-1057-BO(3).

32 F.Supp.2d 841 (1997)

Bradley BERRY, et al., Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, E.D. North Carolina, Western Division.

December 16, 1997.

Attorney(s) appearing for the Case

Richard B. Glazier, Fayetteville, NC, Haral E. Carlin, Beaver, Holt, Richardson, Fayetteville, NC, for Plaintiffs.

ORDER

TERRENCE WILLIAM BOYLE, Chief Judge.

This matter is before the Court on the government's Motion to Dismiss pursuant to Rules 12(b)(1) and (b)(6) of the Federal Rules of Civil Procedure. For the reasons discussed below, the government's Motion is GRANTED.

BACKGROUND

The facts of this case are undisputed. On March 23, 1994, the United States Air Force was conducting routine F-16 fighter training exercises out of Pope Air...

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