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DAWSON EX REL. ESTATE OF DAWSON v. U.S.

No. 2:04-1027-18.

333 F.Supp.2d 488 (2004)

Eva DAWSON, as personal representative of the ESTATE OF Joseph DAWSON, and for benefit of his heirs and in their own capacity, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. South Carolina, Charleston Division.

August 31, 2004.

Attorney(s) appearing for the Case

James Meritt, Jr., Columbia, S.C., for plaintiff.

John H. Dorego, Charleston, S.C., for defendant.

ORDER

NORTON, District Judge.

This matter comes before the court on defendant's Motion to Dismiss. Defendant has moved to dismiss plaintiff's complaint for lack of subject matter jurisdiction under Fed.R.Civ.P. 12(b)(1). Defendant argues that plaintiff's administrative claim was not properly filed with the Department of Veterans Affairs Regional Counsel's office and that, as a result, plaintiff is not the proper party to bring suit against it under the Federal...

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