Kessler v. United States

ORDER

BLATT, District Judge.

This matter is before the court on defendant’s motion to dismiss, under Fed.R. Civ.Pro. 12(b)(6), for failure to state a claim upon which relief can be granted, which has been converted into a motion for summary judgment pursuant to Fed.R.Civ.Pro. 12(b) and 56(b). Defendant asserts that any injuries suffered by plaintiff were incident to his military service and, therefore, fall outside the ambit of the United States’ limited waiver of sovereign immunity in the Federal Tort Claims Act, 28 U.S.C. §§ 1346,2671-80, as defined by Feres v. United States, 340 U.S. 135, 71…