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HIGLEY EX REL. ESTATE OF LUIJENDIJK v. U.S.

No. 4:03-CV-63-H.

334 F.Supp.2d 871 (2004)

Donald S. HIGLEY, II, Administrator of the Estate of David Luijendijk, Deceased, and Donald Dunn, Administrator of the Estate of Hanno Wegman, Deceased, Plaintiffs, v. UNITED STATES of America, Defendant.

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

August 18, 2004.

Attorney(s) appearing for the Case

John M. McCabe, Davis & McCabe, PA, Knightsdale, NC, for Donald S. Higley, II, Administrator of the Estate of David Luijendijk, Deceased, David Luijendijk, Estate of the foregoing, Donald Dunn, Administrator of the Estate of Hanno Wegman, Deceased, Hanno Wegman, Estate of the foregoing, plaintiffs.

R.A. Renfer, Jr., Asst. U.S. Attorney, U.S. Attorney's Office, Raleigh, NC, for United States of America, defendant.

ORDER

MALCOLM J. HOWARD, District Judge.

This matter is currently before the court on defendant's renewed motions to dismiss or in the alternative for summary judgment, filed March 18, 2004, and July 16, 2004. The plaintiff has not responded to the second motion and the time for responding has expired. Therefore, this matter is ripe for adjudication.

STATEMENT OF THE CASE

Plaintiffs filed this complaint on May 8, 2003, against the...

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