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FRIEDMANN v. U.S.

No. Civ.A. 97-4645 JHR.

107 F.Supp.2d 502 (2000)

Gary FRIEDMANN and Lynne Steine, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. New Jersey.

March 21, 2000.

Attorney(s) appearing for the Case

Steven J. Fram, Archer & Greiner P.C., Haddonfield, NJ, for plaintiffs.

Louis J. Bizzarri, AUSA, Office of the United States Attorney, Camden, NJ, Gregory Hrebiniak, U.S. Dept. of Justice, Washington, DC, for the United States of America.

OPINION

RODRIGUEZ, District Judge.

This matter is before the Court on the motions of defendant United States of America (the "Defendant") to (1) dismiss Count Two of the Complaint pursuant to Fed.R.Civ.P. 12(b) and 12(h)(3), and (2) for partial summary judgment on Count One of the Complaint pursuant to Fed.R.Civ.P. 56. For the reasons set forth below and expressed on the record of March 1, 2000, the Court, having considered the submissions

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