Legal Opinion
Matlack, Inc. v. Treadway
District Court, S.D. West Virginia
Decided February 13, 1990No. Civ. A. 3:89-1536PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
STAKER, District Judge.
This case is currently before the court on a motion to dismiss, pursuant to Rule 12(b)(1) and Rule 12(h)(3), Fed.R.Civ.P., for lack of subject matter jurisdiction, which has been filed by the United States Attorney on behalf of the defendant. The plaintiff has moved that the motion be denied or that the plaintiff be granted an extension of time to respond to the motion so that it may engage in discovery. The court is of the opinion that the defendant’s motion should be granted, the plaintiff’s motion denied, and the case dismissed for want of…
2Cases cited21 opinions
- Feres v. United StatesSupreme Court of the United States · 1950
- Anna Mae R. Henderson v. United States of America, Anne Marie Henderson, by Her Guardian Ad Litem, Anna Marie R. Henderson v. United StatesCourt of Appeals for the Fourth Circuit · 1986
- Maryland Ex Rel. Levin v. United StatesSupreme Court of the United States · 1965
- Brown v. United StatesCourt of Appeals for the Eighth Circuit · 1984
- Michael G. Holdiness v. A.M. Stroud, Jr.Court of Appeals for the Fifth Circuit · 1987
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3Cited by1 opinion
- Robinson v. MaranoDistrict Court, N.D. New York · 2000