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RUGGIERO v. U.S.

No. CIV.A.3:04-CV-500.

354 F.Supp.2d 543 (2005)

John J. RUGGIERO and Carol A. Ruggiero, individual and on behalf of the Estate of John Paul Vito Ruggiero, Plaintiffs, v. UNITED STATES of America and the Department of the Navy, Defendants.

United States District Court, M.D. Pennsylvania.

January 20, 2005.

Attorney(s) appearing for the Case

David Paul Tomaszewski, Kimberly D. Borland, Borland and Borland, L.L.P., Wilkes-Barre, PA, for Plaintiffs.

Mark E. Morrison, Stephen R. Cerutti, II, Office of the United States Attorney, Harrisburg, PA, for Defendants.

MEMORANDUM

CAPUTO, District Judge.

Before me is Defendants' Motion to Dismiss under Rule 12(b)(1) of the Federal Rules of Civil Procedure for lack of subject matter jurisdiction. (Doc. 7.) Resolution of this motion turns on whether the so-called Feres doctrine, Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950), bars recovery under the...

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