Calderon v. United States Department of Agriculture, Food & Nutrition Service
District Court, D. New Jersey
1Opinion of the Court
OPINION
GERRY, Chief Judge.
Pursuant to Federal Rule of Civil Procedure 12(b)(1), defendant moves to dismiss plaintiff’s suit for lack of subject matter jurisdiction. Defendant asserts that it is an improper party to this action, and that this action should be dismissed because the statute of limitations has expired against the only proper party.
I. BACKGROUND 1
Roberto Calderon, plaintiff, is the owner and operator of La Economica Grocery Store, a retail food store located in Vine-land, New Jersey. For the past five years, Calderon has been a participating retailer in the Food Stamp Program…
2Cases cited15 opinions
- Hughes v. RoweSupreme Court of the United States · 1980
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- Dugan v. RankSupreme Court of the United States · 1963
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- Schiavone v. FortuneSupreme Court of the United States · 1986
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