MILLER v. U.S.

No. 1:08-cv-1399.

642 F.Supp.2d 437 (2009)

Marjory L. MILLER, Plaintiff v. UNITED STATES of AMERICA, Defendant.

United States District Court, M.D. Pennsylvania.

July 29, 2009.


Attorney(s) appearing for the Case

Herman A. Gailey, III, David W. Moellman, Martz & Gailey, LLP, York, PA, for Plaintiff.

J. Justin Blewitt, Jr., Assistant U.S. Attorney, Scranton, PA.


MEMORANDUM

YVETTE KANE, Chief Judge.

Before the Court is Defendant United States of America's motion to dismiss Plaintiff Marjory J. Miller's complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) or 12(b)(6). (Doc. No. 15.) Defendant argues that Plaintiff's complaint, which seeks recovery under the Federal Tort Claims Act ("FTCA") for injuries sustained at Gettysburg National Military Park, should be dismissed for lack of subject matter jurisdiction...

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