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GENGLER v. U.S. EX REL. ITS DEPT. OF DEF. AND NAVY

No. 1:06-CV-00362 OWW LJO.

453 F.Supp.2d 1217 (2006)

Lt. Richard T. GENGLER and Lt. Daniel S. McSeveney, Plaintiffs, v. UNITED STATES of America through ITS DEPARTMENT OF DEFENSE AND NAVY; and Secretary Donald C. Winter, Defendant.

United States District Court, E.D. California.

August 24, 2006.

Attorney(s) appearing for the Case

Timothy Ross Lord, Lewis Brisbois Bisgaard & Smith LLP, San Francisco, CA, Jeffrey Bruce Stoltz, Lewis Brisbois Bisgaard and Smith, Los Angeles, CA, for Plaintiffs.

Kimberly Anne Gaab, Kristi Culver Kapetan, United States Attorney, Fresno, CA, for Defendant.

MEMORANDUM DECISION AND ODER RE: DEFENDANTS' MOTION TO DISMISS (DOC. 31)

WANGER, District Judge.

I. INTRODUCTION

Before the court for decision is Defendants' motion to dismiss for lack of subject matter jurisdiction, Fed. R. Civ. Pro. 12(b)(2), and for failure to state a claim, Fed.R.Civ.P. 12(b)(6). (Doc. 31, filed Aug. 3 2006.)

II. BACKGROUND/PROCEDURAL HISTORY1

Plaintiffs Richard...

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