STUBBS v. UNITED STATES

No. LR-C-83-137.

593 F.Supp. 521 (1984)

Mary Jane STUBBS, as Administratrix of the estate of Dawn Maxine Stubbs, Plaintiff, v. The UNITED STATES of America and Drill Sgt Sookdeo, Defendants.

United States District Court, E.D. Arkansas, W.D.

March 13, 1984.


Attorney(s) appearing for the Case

John Wesley Hall, Jr., Little Rock, Ark., for plaintiff.

Richard Pence, Asst. U.S. Atty., Little Rock, Ark., for defendants.


MEMORANDUM AND ORDER

EISELE, Chief Judge.

Pending before the Court is defendants United States of America's and Sgt. Sookdeo's motion to dismiss or, in the alternative, for summary judgment. The Court will grant the defendants' motion and dismiss the case.

Rule 12(b) of the Federal Rules of Civil Procedure states, "If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted...

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