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SMITH v. U.S.

Civ. No. 87-883-FR.

702 F.Supp. 1480 (1989)

Sandra Jean SMITH, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Oregon.

January 6, 1989.

Attorney(s) appearing for the Case

Allen T. Murphy, Jr., Portland, Or., for plaintiff.

John R. Bolton, Asst. Atty. Gen., Charles H. Turner, U.S. Atty., Jack C. Wong, Asst. U.S. Atty., Paul F. Figley, Asst. Director, Jo Brooks, Trial Atty., U.S. Dept. of Justice, Washington, D.C., for defendant.

OPINION

FRYE, District Judge.

In the matter before the court, defendant, United States of America, moves the court for an order dismissing plaintiff, Sandra Jean Smith's, complaint pursuant to Rules 12(b)(1) and 12(h)(3) of the Federal Rules of Civil Procedure on the basis that the court lacks jurisdiction over the subject matter of the action.

BACKGROUND

The agreed facts are set forth in Exhibit A of the Pretrial Order attached hereto...

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