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HOLBROOK v. U.S.

Civil Action No. 2:10-cv-00374.

749 F.Supp.2d 446 (2010)

Michael HOLBROOK, Marpat Aviation, individually and as lessee Aviation— SNIAS (Aerospatiale) Alouette II Model SE-3130 Helicopter Serial Number 1133, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, S.D. West Virginia, at Charleston.

October 6, 2010.

Attorney(s) appearing for the Case

A. Mary Schiavo, Motley Rice, Mt. Pleasant, SC, Victoria L. Antion, Motley Rice, Morgantown, WV, for Plaintiff.

Michael W. Kerns, U.S. Department of Justice, Washington, DC, Stephen M. Horn, U.S. Attorney's Office, Charleston, WV, for Defendant.

MEMORANDUM OPINION AND ORDER

JOHN T. COPENHAVER, JR., District Judge.

Pending is the motion, filed May 19, 2010, of the United States to dismiss the plaintiff's claim arising under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680 ("TCA"), pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction.

I. Background

In October 2009, plaintiff Michael Holbrook initiated this action...

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