REYNOLDS v. SOUTHERN MANAGEMENT, INC.

No. CIV-92-1104-R.

856 F.Supp. 618 (1994)

Albert L. REYNOLDS and Linda Hassler Reynolds, Plaintiffs, v. SOUTHERN MANAGEMENT, INC., an Oklahoma corporation, et al., Defendants. SOUTHERN MANAGEMENT, INC., an Oklahoma corporation, G.W. Harrel, an individual, Cross-Plaintiffs, v. WILLIAMS CONSTRUCTION CO., a Texas Corporation; et al., Cross-Claim Defendants.

United States District Court, W.D. Oklahoma.

April 12, 1994.


Attorney(s) appearing for the Case

James A. Ikard, Abel Musser Sokolosky & Associates, Oklahoma City, OK, for Albert L. Reynolds and Linda Hassler Reynolds.

Brently C. Olsson, Huckaby Fleming Frailey Chaffin & Darrah and Michael L. Darrah, Durbin Larimore & Bialick, Oklahoma City, OK, for Southern Management Inc. and G.W. Harrell.

Gary W. Davis and LeAnne T. Burnett, Crowe & Dunlevy, Oklahoma City, OK, for Williams Construction Co.

Russell James Walker, Walker & Walker, Oklahoma City, OK, for Lantz Trucking.

William K. Elias and Gregory A. McKenzie, McKenzie Moffett & Sykora, Oklahoma City, OK, for Pool Well Service.

Mona S. Lambird, William D. Watts, and Michelle Johnson, Andrews Davis Legg Bixler Milsten & Price, Oklahoma City, OK, for Oil Field Rental Service Co.

Earl D. Mills, Bill M. Roberts, Mills & Whitten, and David B. Donchin, and Gerald E. Durbin, II, Durbin Larimore & Bialick, Oklahoma City, OK, for Oklahoma Plugging and Equipment.

Rebecca A. Lloyd, U.S. Dept. of Justice, Denver, CO, Michael T. McCaul, and Ann Varnon Crowley, U.S. Dept. of Justice, Civ. Div., Torts Branch, Washington, DC, for U.S. Army Corps of Engineers.

James A. Ikard, Abel Musser Sokolosky & Associates, and Richard M. Klinge, and Christopher A. Wood, Klinge & Wood, Oklahoma City, OK, for Mavis Pauline Libby.


ORDER

DAVID L. RUSSELL, District Judge.

Before the Court is the United States' Motion to Dismiss Tort Claims. Third Party Defendant United States moves the Court to dismiss the tort-based cross claims asserted against it by Defendants/Cross Claimants Southern Management, Inc. and G.W. Harrell, ("Cross-Claimants") pursuant to Fed. R.Civ.Pro. 12(b)(1) for lack of subject matter jurisdiction.

The United States challenges the Court's subject matter...

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