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COLBURN v. U.S.

No. 97-0619-IEG LAB.

45 F.Supp.2d 787 (1998)

Yvonne Marie COLBURN and Mark Colburn, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, S.D. California.

August 6, 1998.

Attorney(s) appearing for the Case

Richard Scott Benjamin, R. Scott Benjamin, San Diego, CA, for plaintiffs.

Alan D. Bersin, U.S. Attorney, Thomas B. Reeve, Jr., Steven J. Poliakoff, Asst. U.S. Attys., U.S. Attorney's Office, Civil Div., San Diego, CA, for U.S.

ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY ADJUDICATION AND GRANTING DEFENDANT'S MOTION TO DISMISS [Doc. No. 13]

GONZALEZ, District Judge.

BACKGROUND

On April 8, 1997, plaintiffs Yvonne Marie Colburn ("Mrs. Colburn") and Mark Colburn ("Mr. Colburn") filed a complaint under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 2671, 1346(b), 1367, 1402(c), seeking money damages and demanding a jury trial. In the complaint, plaintiffs...

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