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SMITH EX REL. FITZSIMMONS v. U.S.

No. 4:06-cv-019.

496 F.Supp.2d 1035 (2007)

Jonathon SMITH, by and through his guardian ad litem, Jim FITZSIMMONS, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. North Dakota, Northwestern Division.

July 17, 2007.

Attorney(s) appearing for the Case

Dennis Edward Johnson, Johnson Law Office, Watford City, ND, Clint Sargent, Mark V. Meierhenry, Danforth & Meierhenry LLP, Sioux Falls, SD, for Plaintiff.

David L. Peterson, U.S. Attorney's Office, Bismarck, ND, for Defendant.

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

HOVLAND, Chief Judge.

Before the Court is the Defendant's Motion to Dismiss and Motion for Summary Judgment filed on February 28, 2007. The plaintiff filed a response in opposition to the motion on April 30, 2007, and the defendant filed a reply brief on May 8, 2007. For the reasons outlined below, the Court grants the motion.

I. BACKGROUND

On June 18, 2003, the plaintiff, twelve...

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