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BROTMAN v. U.S.

No. 99 Civ. 8695(RWS).

111 F.Supp.2d 418 (2000)

Eileen BROTMAN and Aaron Brotman, Plaintiffs, v. The UNITED STATES of America, and The Statue of Liberty Ellis Island Foundation, Inc., Defendants.

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

September 5, 2000.

Attorney(s) appearing for the Case

Simon & Newman, Forest Hills, NY, by Keith A. Gilman, of counsel, for plaintiffs.

Honorable Mary Jo White, United States Attorney for the Southern District of New York, New York City, by Andrew W. Schilling, Assistant U.S. Attorney, of counsel, for defendants.

OPINION

SWEET, District Judge.

Defendant the United States of America (the "Government") seeks an order dismissing the complaint in this action as against the Government for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(h)(3). The motion is opposed by plaintiffs Eileen Brotman ("Mrs.Brotman") and Aaron Brotman ("Mr.Brotman") (collectively, the "Brotmans").

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