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DOE v. UNITED STATES

Civ. A. No. 3:84-1133-15.

618 F.Supp. 71 (1985)

John DOE, a minor, under the age of fourteen (14) years, Plaintiff, v. UNITED STATES of America, Defendant.

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

March 6, 1985.

Attorney(s) appearing for the Case

Francis T. Draine, Columbia, S.C., John O. McDougall, Jan L. Warner, Sumter, S.C., for plaintiff.

R. Emery Clark, Asst. U.S. Atty., Columbia, S.C., for defendant.

ORDER

HAMILTON, District Judge.

This matter is before the court upon the defendant United States of America's (hereinafter "U.S.A.") motion to dismiss or in the alternative for summary judgment pursuant to Rules 12(b) and 56(b) of the Federal Rules of Civil Procedure. Although the attorney for the defendant did not delineate in his motion the specific provision of Rule 12(b) that he was proceeding under, the court determines that the appropriate basis for...

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