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WRIGHT EX REL. WRIGHT v. U.S.

Civil Action No. 3:12CV514TSL-MTP.

914 F.Supp.2d 837 (2012)

Anthony WRIGHT, for and on behalf of His Wife, Stacey Denise Scott WRIGHT, Deceased, and on behalf of all Wrongful Death Beneficiaries, Plaintiff v. UNITED STATES Of America, United States Department of Homeland Security, Janet Napolitano, Ruben Orlando Benitez and Landmark of D'Iberville, LLC, Defendants.

United States District Court, S.D. Mississippi, Jackson Division.

December 7, 2012.

Attorney(s) appearing for the Case

David L. Merideth , David L. Merideth, PLLC, Ridgeland, MS, John Richard Barry , John G. Roach, III , Hammack, Barry, Thaggard & May, LLP, Meridian, MS, for Plaintiff.

David H. Fulcher , U.S. Attorney's Office, Edwin S. Gault, Jr. , Caroline M. Upchurch , Jordan V. McKibben , Forman, Perry, Watkins, Krutz & Tardy, LLP, Jackson, MS, James L. Davis, III , Law Offices of Jim Davis, Gulfport, MS, for Defendants.

MEMORANDUM OPINION AND ORDER

TOM S. LEE, District Judge.

This cause is before the court on the motion of defendants United States of America, the United States Department of Homeland Security and Janet Napolitano, to dismiss pursuant to Federal Rule of Civil Procedure Rule 12(b)(1) for lack of subject matter jurisdiction and pursuant to Rule 12(b)(6) for failure to state a claim for which relief can...

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