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U.S. EX REL. S & G EXCAVATING v. SEABOARD SUR. CO.

No. TH 97-276-C-T/F.

93 F.Supp.2d 968 (2000)

UNITED STATES for the Use of S & G EXCAVATING, INC., and S & G Excavating, Inc., Plaintiffs, v. The SEABOARD SURETY COMPANY, the Austin Corporation, EUI Corporation and United States Postal Service, Defendants.

United States District Court, S.D. Indiana, Terre Haute Division.

March 28, 2000.

Attorney(s) appearing for the Case

James E. Sullivan, Cox Zwerner Gambill & Sullivan, Terre Haute, IN, for U.S. for Use of S & G Excavating, Inc. and S & G Excavating, Inc.

Sue Hendricks Bailey, Office of U.S. Attorney, Indianapolis, IN, for U.S. Postal Service.

Robert J. Hoffman, Hoffman Drewry Hancock & Simmons, Indianapolis, IN, Raymond M. Adler, Steers Sullivan, PC, Noblesville, IN, for Seaboard Sur. Co., Austin Co. and EUI Corp.

ENTRY DISCUSSING MOTION TO DISMISS

TINDER, District Judge.

This matter comes before the court on the Motion to Dismiss filed by Defendant, United States Postal Service ("USPS") pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). The USPS contends that this court lacks subject matter jurisdiction over the claim brought against it by Plaintiffs, United States for the use of S & G Excavating...

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