APONTE v. U.S. DEPT. OF TREASURY

No. 5:95-CV-839-BO(3).

940 F.Supp. 898 (1996)

Miguel A. APONTE and Belivia S. Aponte, Plaintiffs, v. UNITED STATES of America, DEPARTMENT Of the TREASURY, BUREAU OF ALCOHOL, TOBACCO, AND FIREARMS; and Agent William F. Marshall, Defendants.

United States District Court, E.D. North Carolina, Western Division.

September 23, 1996.


Attorney(s) appearing for the Case

Alice C. Stubbs, Raleigh, NC, for plaintiffs.

R.A. Renfer, Jr., Assistant U.S. Attorney, Raleigh, NC, for defendants.


ORDER

TERRENCE WILLIAM BOYLE, District Judge.

This case comes before the Court on defendants' motion to dismiss plaintiffs' action pursuant to Rules 12(b)(1) and (6) of the Federal Rules of Civil Procedure. This Court finds that plaintiffs' exclusive remedy is the FECA; thus, defendants' MOTION is GRANTED.

STATEMENT OF THE CASE

The facts of this case are undisputed. Plaintiffs are Miguel A. Aponte and his wife, Belivia S....

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