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LUMSDEN v. U.S.

No. 7:06-CV-60-F.

555 F.Supp.2d 580 (2008)

William K. LUMSDEN, Personal Representative of the Estate of Jamie Marie Lumsden, deceased; Candace Michelle Lee; Melanie L. Ritter; Michael M. Clark; and William B. Wilson, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, E.D. North Carolina, Southern Division.

May 7, 2008.

Attorney(s) appearing for the Case

Jeffrey G. Weber, Anderson Weber & Henry, P.C, Kernersville, NC, Joseph L. Anderson, Anderson Pangia & Associates, PLLC, Winston-Salem, NC, for Plaintiffs.

Kelly Michele Perry, U.S. Attorney's Office, Raleigh, NC, for Defendant.

ORDER

JAMES C. FOX, Senior District Judge.

This matter is before the court on the Government's Motion to Dismiss [DE-11], The plaintiffs have filed a Response [DE-17], to which the Government filed a Reply [DE-21]. The motion is ripe for disposition.

I. FACTUAL AND PROCEDURAL BACKGROUND

The plaintiffs filed this personal injury and wrongful death action against the United States of America on April 25, 2006, pursuant to the Federal...

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