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McDAVID v. U.S.

No. CIV.A. 3:01-0760.

292 F.Supp.2d 871 (2003)

Naomi MCDAVID, on her own behalf and as the personal representative of Oney McDavid, deceased, Plaintiff, v. UNITED STATES of America, Defendant.

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

November 21, 2003.

Attorney(s) appearing for the Case

Stuart Calwell, Esquire, David H. Carriger, The Calwell Practice, Charleston, WV, for Plaintiff.

Stephen M. Horn, Assistant U.S. Attorney, Charleston, WV, Ray L. Hampton, II, Esquire, Special Assistant U.S. Attorney, Huntington, WV, for Defendant.

ORDER

CHAMBERS, District Judge.

Currently pending before the Court are two interrelated motions by the Government. In its first motion, the Government requests the Court dismiss Plaintiff Naomi McDavid's Amended Complaint for failure to state a claim upon which relief can be granted and/or for summary judgment. In its second motion, the Government asks the Court to dismiss Mrs. McDavid's wrongful death and...

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