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LILLY v. U.S.

No. CIV. A. 2:00-1006.

141 F.Supp.2d 626 (2001)

Sara Elizabeth LILLY, Plaintiff, v. The UNITED STATES of America, Defendant.

United States District Court, S.D. West Virginia, Charleston Division.

May 11, 2001.

Attorney(s) appearing for the Case

Robert A. Taylor, Masters and Taylor, L.C., Charleston, for Plaintiff Sarah Elizabeth Lilly.

Stephen M. Horn, Kelly R. Curry, United States Attorney's Office, Charleston, for Defendant United States of America.

OPINION AND ORDER

GOODWIN, District Judge.

Pending before the court is the Motion to Dismiss for lack of Subject Matter Jurisdiction or, in the Alternative, Failure to State a Claim, filed by the United States of America (United States). For the reasons discussed below, the motion is GRANTED.

STATEMENT OF FACTS

Because the court now decides a motion to dismiss filed by the United States, it accepts as true the facts as alleged...

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