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GARREAUX v. U.S.

No. CIV 07-3021.

544 F.Supp.2d 885 (2008)

2008 D.S.D. 7

Yvonne GARREAUX, Plaintiff, v. UNITED STATES of America, Alphonse Jackson, Secretary of U.S. Department of Housing and Urban Development, his designees and assigns, and Dirk Kempthorne, Secretary of U.S. Department of Interior, his designees and assigns, Defendants.

United States District Court, D. South Dakota, Central Division.

March 31, 2008.

Attorney(s) appearing for the Case

Robert J. Doody, Robert Doody Law Office, St. Francis, SD, for Plaintiff.

Stephanie Carlson Bengford, U.S. Attorney's Office, Sioux Falls, SD, for Defendants.

OPINION AND ORDER ON DEFENDANTS' MOTION TO DISMISS

KORNMANN, District Judge.

INTRODUCTION

[¶ 1] Plaintiff, Yvonne Garreaux ("Plaintiff), instituted this suit pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 2671-2680 and 1346(b), and the Administrative Procedure Act ("APA"), 5 U.S.C. §§ 701-706. Plaintiff brings this action against the United States of America and its agents, Alphonse Jackson, Secretary of...

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