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LERMA v. U.S.

No. C-87-20522-WAI.

716 F.Supp. 1294 (1988)

Richard R. LERMA and Olivia Lerma, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, N.D. California.

January 25, 1988.

Attorney(s) appearing for the Case

Poel & Kavalaris, San Jose, Cal., for plaintiffs.

Joseph P. Russoniello, U.S. Atty., Judith A. Whetstine, Chief Civ. Div., William F. Murphy, Asst. U.S. Atty., San Jose, Cal., for defendant.

ORDER

INGRAM, Chief Judge.

The motion of defendant United States to dismiss this action under the Federal Tort Claims Act, 28 U.S.C. §§ 1346, 2671-2680, for lack of subject matter jurisdiction, pursuant to Fed.R.Civ.P. 12(b)(1), came on regularly for hearing on December 7, 1987. Following the hearing, the plaintiffs filed a supplemental memorandum on December 17th, with the permission of the court, in

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