Legal Opinion

Clark v. United States

District Court, E.D. Texas

Decided August 1, 1996No. 4:96cv34PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION and ORDER

PAUL N. BROWN, District Judge.

Pending before the Court is Defendant’s motion to dismiss Plaintiffs’ claims for injuries arising out of military service pursuant to Federal Rule of Civil Procedure 12(b)(1). The Court having considered the motion, response, reply, and complaint is of the opinion that the motion should be granted.

BACKGROUND

Darrell Clark (“Clark”) served- as a sergeant in the United States Army in Saudi Arabia during Operation Desert Storm. Clark received shots and medication from the Army while on active duty. Upon returning home, he and his wife…

2Cases cited13 opinions

  1. Feres v. United StatesSupreme Court of the United States · 1950
  2. Boyle v. United Technologies Corp.Supreme Court of the United States · 1988
  3. Stencel Aero Engineering Corp. v. United StatesSupreme Court of the United States · 1977
  4. United States v. JohnsonSupreme Court of the United States · 1987
  5. Daniel J. Monaco and Denise E. Monaco v. United StatesCourt of Appeals for the Ninth Circuit · 1981

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3Cited by1 opinion

  1. State Farm Mutual Automobile Insurance v. United StatesDistrict Court, E.D. New York · 2004

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