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GALE v. UNITED STATES

Civ. A. Nos. 77-2130-1, 77-2132-1.

491 F.Supp. 574 (1980)

Cynthia GALE, Plaintiff, v. UNITED STATES of America, Defendant. John F. GALE, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. South Carolina, Charleston Division.

June 20, 1980.

Attorney(s) appearing for the Case

Samuel L. Svalina and Ralph E. Tupper, Dowling, Sanders, Dukes, Novit & Svalina, Beaufort, S. C., for plaintiffs.

Cameron M. Currie, Asst. U. S. Atty., Columbia, S. C., for defendant.

ORDER

HAWKINS, District Judge.

This matter is before the court on the defendant's motion to dismiss pursuant to Rule 12(b)(6), Fed.R.Civ.P. The United States has taken the position that this court has no subject matter jurisdiction over the plaintiffs' claims because they are barred by 28 U.S.C. § 2680(h). That statutory provision precludes recovery under the Federal Tort Claims Act for "any claim arising...

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