SWAIN v. U.S.

Civ. A. No. 90-2203-DES.

825 F.Supp. 966 (1993)

Thomas SWAIN, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Kansas.

June 22, 1993.


Attorney(s) appearing for the Case

Eugene B. Ralston, Ralston, Buck & Associates, Topeka, KS, for plaintiff.

James E. Kelley, Jr., Lewis, Rice & Fingersh, Overland Park, KS, James F. Davis, Olathe, KS, for defendants.

Janice M. Karlin, Office of U.S. Atty., Kansas City, KS, for U.S.


MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on dual motions to dismiss filed by the United States of America, the only remaining defendant in this case (Docs. 36, 54). The government's motions, filed pursuant to Fed.R.Civ.Proc. 12(b)(1), contend that this court lacks subject matter jurisdiction on three alternative grounds: (1) the Flood Control Act of 1928, 33 U.S.C. § 702c; (2) the Oklahoma Recreational Use...

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