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TOBIN v. U.S.

No. CIV.A. 00-4222.

170 F.Supp.2d 472 (2001)

Matthew TOBIN, Plaintiff, v. UNITED STATES of America, et al., Defendants.

United States District Court, D. New Jersey.

October 18, 2001.

Attorney(s) appearing for the Case

Richard M. Fricke, Fricke & Solomon, P.C., Newark, NJ, for Plaintiff Matthew Tobin.

Robert J. Cleary, United States Attorney, Louis J. Bizzarri, Assistant United States Attorney, Camden, NJ, for Defendant United States of America.

OPINION ON DEFENDANT'S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION

BROTMAN, District Judge.

Presently before the Court is Defendant's motion to dismiss for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1). For the reasons stated below, Defendant's motion shall be GRANTED.

I. FACTUAL AND PROCEDURAL BACKGROUND

This case involves the application of the

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