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NOTTINGHAM, LTD. v. U.S.

No. CV 89-5647 AWT.

741 F.Supp. 1445 (1989)

NOTTINGHAM, LTD., et. al., Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, C.D. California.

December 21, 1989.

Attorney(s) appearing for the Case

Robert E. Willard, Newport Beach, Cal. for plaintiffs.

Stuart M. Gerson, Asst. Atty. Gen., Jeffrey Axelrad, Director, Torts Branch, Civ. Div., Nikki Calvano, Trial Atty., Torts Branch, U.S. Dept. of Justice, Washington, D.C., Gary A. Feess, U.S. Atty., Roger West, Asst. U.S. Atty., Los Angeles, Cal., for defendant.

MEMORANDUM ORDER ON MOTION TO DISMISS

TASHIMA, District Judge.

This case involves a dispute over money which was held in escrow by the United States and which it paid out to a third party. Plaintiff Nottingham, Ltd. ("Nottingham") claims the money belonged to it, and that the government "converted" the money when it was disbursed to the third party. The government has moved to dismiss for lack of subject matter jurisdiction under F.R.Civ.P. 12(b)(1), invoking...

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