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NICKELSON v. U.S.

No. 4:03cv51.

284 F.Supp.2d 387 (2003)

Harry Waldo NICKELSON, Jr., Plaintiff, v. UNITED STATES of America, Defense Office of Hearings and Appeals, and Leon J. Schachter, Director of the Defense Office of Hearings and Appeals, Defendants.

United States District Court, E.D. Virginia, Newport News Division.

September 26, 2003.

Attorney(s) appearing for the Case

Bryan H. Schempf, Jones, Blechman, Woltz & Kelly, PC, Newport News, VA, Counsel for Plaintiff.

Michael A. Rhine, Assistant U.S. Attorney, Norfolk, VA, Susan K. Rudy, Marcia K. Sowles, U.S. Department of Justice, Washington, DC, Counsel for Defendants.

OPINION AND DISMISSAL ORDER

REBECCA BEACH SMITH, District Judge.

This matter is before the court on a motion to dismiss for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1) and for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). The motion was filed on June 25, 2003, by defendants, the United States of America, Defense Department of Hearings and...

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