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JANOWSKY v. U.S.

Civ. No. H 88-301.

713 F.Supp. 282 (1989)

Timothy JANOWSKY and Peggy Janowsky, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, N.D. Indiana, Hammond Division.

May 8, 1989.

Attorney(s) appearing for the Case

Bruce J. Kelton, Beverly Hills, Cal., and John Pera, Merrillville, Ind., for plaintiffs.

John R. Bolron, Jeffrey Axelrad, Director, Phyllis J. Pyles, Marie Louise Hagen, Trial Atty., Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, D.C., and James G. Richmond, U.S. Atty., Hammond, Ind., for defendant.

ORDER

MOODY, District Judge.

This matter is before the court on the United States of America's (hereafter, the government) "Motion to Dismiss the Complaint Pursuant to Rules 12(b)(1) and 12(b)(6)." The government contends that plaintiffs' action is barred by sovereign immunity, as preserved by the misrepresentation and fraud exception to the Federal Tort Claims Act, 28 U.S.C. § 2680(h).

The facts in plaintiffs' complaint are accepted by the...

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