Daub v. United States

RAYFIEL, District Judge.

These are two motions by the Government; one, under Rule 12(b), of the Federal Rules of Civil Procedure, to dismiss the complaint as against it on two grounds, (1) for failure to state a claim upon which relief can be granted, and (2) that the Court lacks jurisdiction over the subject matter of the action; the other, for summary judgment, on behalf of all the defendants, pursuant to Rule 56 of the Federal Rules of Civil Procedure.

The plaintiíf, a resident of this District, brought this action pursuant to Section 1009 of Title 5, U. S. Code, to review the action of the…