OPINION AND ORDER
DOMINGUEZ, District Judge.
Pending before the Court is the United States' Motion To Dismiss filed by the defendant on September 14, 2005 (Docket No. 6); Plaintiffs Opposition To Motion To Dismiss (Docket No. 7), and the United States' Reply In Support Of Its Motion To Dismiss (Docket No. 8). For the reasons set forth below, the defendant's motion to dismiss is
Factual and Procedural...
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