Legal Opinion

Bergquist v. United States National Weather Service

District Court, N.D. Illinois

Decided February 28, 1994No. 93 C 5239, 93 C 5201 to 93 C 5205PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM OPINION

KOCORAS, District Judge:

This matter is before the Court on Defendant’s Motion to Dismiss pursuant to Rule 12(b)(1) and Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons set forth below, Defendant’s motion is granted.

BACKGROUND 1

This action arises out of a tornado which struck portions of Kendall County and Will County, Illinois from approximately 3:00 to 3:45 p.m. on August 28, 1990 (“the August 1990 tornado”). As alleged in the complaint, the tornado had a devastating impact, allegedly causing 29 deaths, numerous personal injuries, and property damage…

2Cases cited30 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Hishon v. King & SpaldingSupreme Court of the United States · 1984
  3. United States v. GaubertSupreme Court of the United States · 1991
  4. Berkovitz v. United StatesSupreme Court of the United States · 1988
  5. United States v. S.A. Empresa De Viacao Aerea Rio GrandenseSupreme Court of the United States · 1984

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3Cited by9 opinions

  1. Gregory Maas, Frank Felinski, Richard Sciaraffa, and Gregory Binnebose v. United StatesCourt of Appeals for the Seventh Circuit · 1996
  2. Emiliano Monzon v. United StatesCourt of Appeals for the Eleventh Circuit · 2001
  3. Gollehon Farming v. United StatesDistrict Court, D. Montana · 1998
  4. United States Aviation Underwriters Inc. v. United StatesDistrict Court, M.D. Georgia · 2007
  5. In re the Complaint of Ingram Barge Co.District Court, N.D. Illinois · 2016

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