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US BANK, N.A. v. U.S.

No. 8:99CV64.

74 F.Supp.2d 934 (1999)

US BANK, N.A. and Janet Dinsmore Miller, Co-Trustees of the Ruth S. Dinsmore Trust Agreement, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. Nebraska.

September 15, 1999.

Attorney(s) appearing for the Case

Gerald L. Friedrichsen, Susan J. Spahn, Nick R. Taylor, Fitzgerald, Schorr Law Firm, Omaha, NE, for plaintiff.

Sarabeth Donovan, Assist. U.S. Atty., Omaha, NE, Rachael I. Wollitzer, U.S. Dept. of Justice, Washington, DC, for defendant.

MEMORANDUM AND ORDER

BATAILLON, District Judge.

This matter comes before the Court on the defendant's motion to dismiss for failure to state a claim (filing 13). The plaintiffs have opposed the motion. Both parties have briefed the issues. Following the Court's review of the pleadings, briefs and case law, the Court will grant the defendant's motion to dismiss the plaintiffs' complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure.

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