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HOLLIMAN v. U.S.

No. CV 98-245-TUC-WDB.

22 F.Supp.2d 1111 (1998)

William and Audrey HOLLIMAN, Faye Bruner, Kira Holliman, Candice Holliman, and Catherine Holliman, Plaintiffs, v. UNITED STATES, Defendant.

United States District Court, D. Arizona.

November 2, 1998.

Attorney(s) appearing for the Case

John G Stompoly, Stompoly, Stroud, Glicksman & Erickson PC, Tucson, AZ, for Plaintiffs.

Ted B. Borek, United States Attorney, Tucson, AZ, for U.S.

ORDER

WILLIAM D. BROWNING, Senior District Judge.

Pending before the Court is Defendant United States' August 3, 1998 Motion to Dismiss or for Summary Judgment. The motion is fully briefed and ready for decision. Oral argument was heard on October 28, 1998.

Defendant filed the motion as one to dismiss, or in the alternative, for summary judgment. The Court finds that a motion for summary judgment is premature as Defendant has not answered and no...

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