Allen v. United States

OPINION

CHARLES R. RICHEY, District Judge.

INTRODUCTION

The Court has before it the defendant’s motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(1) & (6) or, in the alternative, for summary judgment pursuant to Fed.R. Civ.P. 56. The plaintiffs have filed a memorandum in opposition, and the defendant has submitted a reply. The plaintiffs have adopted the defendant’s 1 — 9(i) statement of material facts as to which there is no genuine issue, and thus, there is no dispute as to any material fact.

The issue presented in this case is whether the United States is entitled to immunity from third party…