Legal Opinion
Zayler v. United States
District Court, E.D. Texas
Decided August 12, 2003No. 6:02-cv-00570PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
DAVIS, District Judge.
Defendants United State of America (“United States”) and the United States Department of Agriculture (“USDA”) (col lectively “Defendants”) have filed a Motion to Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Having considered the parties’ submissions, argument of counsel at the July 17, 2003 hearing, and the applicable law, the Court finds that Defendant’s Motion to Dismiss should be GRANTED.
BACKGROUND
The following facts are taken from Plaintiffs First Amended Original Complaint and are assumed to be true for the…
2Cases cited46 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- United States v. SherwoodSupreme Court of the United States · 1941
- United States v. GaubertSupreme Court of the United States · 1991
- Berkovitz v. United StatesSupreme Court of the United States · 1988
- Dalehite v. United StatesSupreme Court of the United States · 1953
41 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Franklin Savings Corp. v. United States (In Re Franklin Savings Corp.)Court of Appeals for the Tenth Circuit · 2004