HAMILTON v. U.S.

Civ. A. No. 89-4724 (SSB).

741 F.Supp. 1159 (1990)

Angela HAMILTON and Robert Hamilton, Plaintiffs, v. UNITED STATES of America and United States Postal Service, Defendants.

United States District Court, D. New Jersey.

August 1, 1990.


Attorney(s) appearing for the Case

Friedman, Bafundo, Ginsberg & Porter, P.C. by Jeffrey Grudko, Cherry Hill, N.J., for plaintiffs.

Michael Chertoff, U.S. Atty. by Louis Bizzarri, Asst. U.S. Atty., U.S. Dept. of Justice, Camden, N.J., for defendants.


OPINION

BROTMAN, District Judge.

Currently before the court is the motion to dismiss of the United States under Rule 12(h)(3) of the Federal Rules of Civil Procedure. For the reasons stated herein, the court will grant the motion and dismiss the complaint.

I. FACTS AND PROCEDURE

On December 14, 1987, plaintiff Angela Hamilton fell on the premises of the Stratford Post Office as she carried boxes from her car to the Post Office. Plaintiff...

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