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MIDDLEBROOKS v. U.S.

Civ. No. 13-4033-KES.

8 F.Supp.3d 1169 (2014)

Stefan Mark MIDDLEBROOKS, Plaintiff, v. UNITED STATES of America, Defendant.

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

Signed March 20, 2014.

Attorney(s) appearing for the Case

Eric C. Schulte , Elizabeth S. Hertz , Davenport, Evans, Hurwitz & Smith, LLP, Sioux Falls, SD, for Plaintiff.

Camela C. Theeler , U.S. Attorney's Office, Sioux Falls, SD, for Defendant.

ORDER DENYING DEFENDANT'S MOTION TO DISMISS

KAREN E. SCHREIER, District Judge.

Plaintiff, Stefan Mark Middlebrooks, seeks review of an agency action under the Administrative Procedure Act. Defendant, United States of America, moves the court to dismiss the amended complaint. For the reasons stated below, the court denies the motion to dismiss.

BACKGROUND

The facts, according to the amended complaint, are as follows:

Middlebrooks...

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