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SALMO v. U.S. DEPT. OF AGRICULTURE

No. CIV. 02CV348(AJB).

226 F.Supp.2d 1234 (2002)

Firas SALMO, an individual; Salmo, Inc., a California corporation dba Value King Supermarket, Plaintiff, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Defendants.

United States District Court, S.D. California.

October 7, 2002.

Attorney(s) appearing for the Case

Alexander Warren Tucker, San Diego, CA, for plaintiff.

Cindy M. Cipriani, Assist. U.S. Atty., for defendants.

Order Granting Defendant's Motion to Dismiss [Doc No. 8]

BATTAGLIA, United States Magistrate Judge.

The Government moves to dismiss Plaintiffs' complaint pursuant to Fed.R.Civ.P. 12(b)(1) for lack of federal subject matter jurisdiction. The Plaintiffs have filed a Notice of Non-Opposition, stating that they do not oppose dismissal of this action without prejudice as they anticipate filing a complaint in state court regarding the same subject matter. Plaintiffs...

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