Bessemer City Board of Education v. United States

MEMORANDUM OPINION

SHARON LOVELACE BLACKBURN, Chief Judge.

This case is currently before the court on defendant United States of America’s (“USA”) Motion to Dismiss Plaintiffs Complaint, (doc. 3), 1 for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (“the Federal Rules”), as well as on plaintiff Bessemer City Board of Education’s (“the Bessemer BOE”) Motion to Strike Defendant, the United States of America’s Variance Doctrine Defense, (doc. 7). Based upon the record, the submissions of the parties, the arguments of…