Legal Opinion

Karlen v. United States

District Court, D. South Dakota

Decided January 30, 1989No. Civ. 88-3010PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION

DONALD J. PORTER, Chief District Judge.

On February 16, 1988, plaintiffs Merrill and Rosemary Karlen (the Karlens) filed a complaint in this case alleging that defendant United States had injured their property by negligently designing and constructing a road across the Karlens’ land. The Karlens invoke the jurisdiction of this Court under 28 U.S.C. § 1346(b) and the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680.

On June 17, 1988, the United States filed a motion requesting this Court to dismiss the case for want of subject matter jurisdiction. The United States argues that…

2Cases cited39 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Bell v. HoodSupreme Court of the United States · 1946
  3. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  4. United States v. MitchellSupreme Court of the United States · 1980
  5. Mortensen v. First Federal Savings & Loan Ass'nCourt of Appeals for the Third Circuit · 1977

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3Cited by2 opinions

  1. Hassan v. Louisiana Department of Transportation & DevelopmentDistrict Court, W.D. Louisiana · 1996
  2. Olivier Plantation, L.L.C. v. Parish of St. BernardLouisiana Court of Appeal · 2014

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