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ZAYLER v. U.S.

No. 6:02-CV-570.

279 F.Supp.2d 805 (2003)

Stephen ZAYLER, Trustee of the Estate of Supreme Beef Processors, Inc. Plaintiff v. THE UNITED STATES of America and the United States Department of Agriculture Defendant

United States District Court, E.D. Texas, Tyler Division.

August 12, 2003.

Attorney(s) appearing for the Case

James Patrick Kelley, Ireland Carroll & Kelley, Tyler, for Stephen. Chapter 7 Trustee for Supreme Beef Processors Inc, plaintiff.

Ruth Harris Yeager, AUSA, U.S. Attorney's Office, Tyler, for Department of Agriculture, defendant.

MEMORANDUM OPINION AND ORDER

DAVIS, District Judge.

Defendants United State of America ("United States") and the United States Department of Agriculture ("USDA") (collectively "Defendants") have filed a Motion to Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Having considered the parties' submissions, argument of counsel at the July 17, 2003 hearing, and the applicable law...

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