WILLIS v. U.S.

No. 93-1027.

879 F.Supp. 889 (1994)

Richard & Heddy WILLIS, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, C.D. Illinois, Peoria Division.

September 14, 1994.


Attorney(s) appearing for the Case

Robert G. Day, Jr., Day & Day, Rodney R. Nordstrom, Peoria, IL, for plaintiffs.

Gerard A. Brost, Asst. U.S. Atty., Peoria, IL, for defendant.


ORDER

McDADE, District Judge.

Before the Court is a Report and Recommendation of United States Magistrate Judge Robert J. Kauffman [Doc. # 18] that Defendant's Rule 12(b)(1) Motion to Dismiss [Doc. # 9] be denied. Defendant's Motion to Dismiss presents the question of whether the time limitations applicable to the Federal Tort Claims Act implicate the Court's subject matter jurisdiction or are merely affirmative defenses. Defendant has filed an objection...

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