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ESTATE OF LEDFORD EX REL. JARNIGAN v. U.S.

No. CIV. 1:03CV160.

299 F.Supp.2d 544 (2004)

The ESTATE OF Shirley Diane LEDFORD, By and Through Administrator Michael Ira JARNIGAN, Plaintiff, v. UNITED STATES of America. Defendant.

United States District Court, W.D. North Carolina. Asheville Division.

February 11, 2004.

Attorney(s) appearing for the Case

W. Perry Fisher, II, Van Winkle, Buck, Wall, Starnes & Davis, P.A., Asheville, NC, Hugh P. Taylor, White Pine, TN, for plaintiff.

David K. Davis, Asheville, NC, for defendant.

MEMORANDUM AND ORDER OF DISMISSAL

THORNBURG, District Judge.

THIS MATTER is before the Court on the Defendant's motion to dismiss which is opposed by the Plaintiff. For the reasons stated herein, the motion is granted.

I. STANDARD OF REVIEW

"A complaint should not be dismissed for failure to state a claim upon which relief may be granted unless after accepting all well-pleaded allegations in the plaintiff's complaint...

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