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WAYMIRE v. UNITED STATES

Civ. A. No. 84-2428.

629 F.Supp. 1396 (1986)

Charles WAYMIRE and Dammire Marketing, Inc., Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. Kansas.

January 14, 1986.

Attorney(s) appearing for the Case

Jerry K. Levy, Rene M. Netherton, Topeka, Kan., for plaintiffs.

Benjamin L. Burgess, U.S. Atty., Janice Miller Karlin, Asst. U.S. Atty., Kansas City, Kan., Roy Krieger, Civ. Div., Torts Branch, Dept. of Justice, Toby Camen, F.A.A., AGC-400, Washington, D.C., for defendant.

MEMORANDUM AND ORDER

EARL E. O'CONNOR, Chief Judge.

This matter is before the court on defendant's motion to dismiss this action pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiffs have filed this suit under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq., alleging that the defendant, its agents or employees negligently performed an inspection and certificated plaintiffs' aircraft as airworthy. The...

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