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UNITED STATES v. DAIRYLAND INS. CO.

Civ. No. A2-79-221.

485 F.Supp. 539 (1980)

UNITED STATES of America, Plaintiff, v. DAIRYLAND INSURANCE COMPANY, Defendant.

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

March 11, 1980.

Attorney(s) appearing for the Case

Lynn E. Crooks, Asst. U. S. Atty., Fargo, N. D., for plaintiff.

Carlton J. Hunke, Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, N. D., for defendant.

ORDER

BENSON, Chief Judge.

The United States seeks in this action to recover expenses incurred by it arising out of the personal injuries suffered by two members of the Armed Forces of the United States in an automobile accident. Defendant has moved to dismiss plaintiff's complaint for failure to state a claim upon which relief can be granted. F.R.Civ.P. 12(b)(6). The court will assume the truthfulness of the factual allegations in the complaint in disposing...

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