GALE v. UNITED STATES

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

525 F.Supp. 260 (1981)

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.

October 9, 1981.


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

FALCON B. HAWKINS, District Judge.

This matter is before the court on the defendant's motion for reconsideration of the Order of June 20, 1980, denying defendant's motion to dismiss pursuant to Rule 12(b)(6), Federal Rules of Civil Procedure. The United States has reiterated its 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...

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