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CARNEY v. U.S.

No. CCB033493.

368 F.Supp.2d 439 (2005)

Edward A. CARNEY v. UNITED STATES of America,

United States District Court, D. Maryland.

May 2, 2005.

Attorney(s) appearing for the Case

Stephen F. White, Wright Constable and Skeen LLP, Baltimore, MD, Ralph J. Mellusi, Tabak Mellusi and Shisha, New York, NY, for Edward A. Carney.

Charles A. Diorio, Ober Kaler Grimes and Shriver, Baltimore, MD, for the United States of America.

MEMORANDUM

BLAKE, District Judge.

Now pending in this admiralty case is the defendant's motion to dismiss the plaintiff's First Cause of Action for lack of subject matter jurisdiction, maintaining that the plaintiff's claims are subject to the discretionary function exception in the Suits in Admiralty Act. The United States also has moved for partial summary judgment on the Second Cause of Action on the ground that it does not presently owe any maintenance...

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