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CLEMENTE v. UNITED STATES

No. CV 79-3952-AAH(Sx).

488 F.Supp. 854 (1980)

Lowene R. CLEMENTE, Plaintiff, v. UNITED STATES of America, and United States Air Force, a military department of the United States of America, with Hans M. Mark, Secretary, Defendants.

United States District Court, C. D. California.

April 30, 1980.

Attorney(s) appearing for the Case

S. Timothy Buynak, Jr., Santa Barbara, for plaintiff.

Andrea Sheridan Ordin, U. S. Atty., Frederick M. Brosio, Jr., Asst. U. S. Atty., Chief, Civil Division, and Peter R. Osinoff, Asst. U. S. Atty., Los Angeles, Cal., for defendants.

DECISION AND ORDER REMANDING CASE AND FOR DISMISSAL WITHOUT PREJUDICE

HAUK, District Judge.

The Motion of Defendants to Dismiss this action, pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure, for lack of subject matter jurisdiction, came on regularly for hearing before the Honorable A. ANDREW HAUK, United States District Judge, on the 21st day of April, 1980.

FINDINGS OF FACT

The Court, having considered the pleadings herein...

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