Legal Opinion
Viault v. United States
District Court, E.D. North Carolina
Decided March 30, 2009No. 4:07-cv-00041PublishedCited by 1 opinion
1Opinion of the Court
ORDER
MALCOLM J. HOWARD, Senior District Judge.
This matter is before the court on the government’s motion to dismiss for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure [DE #27]. Also before the court is plaintiffs’ motion to strike the affidavits of Betty Meisenbach and Rhonda Underhill, and for leave to respond to new issues raised in the government’s reply brief [DE # 36], Appropriate responses and replies have been filed, and the time for further filings has expired. These motions are ripe for adjudication.
STATEMENT OF THE CASE
Plaintiff…
2Cases cited17 opinions
- United States v. GaubertSupreme Court of the United States · 1991
- Berkovitz v. United StatesSupreme Court of the United States · 1988
- United States v. S.A. Empresa De Viacao Aerea Rio GrandenseSupreme Court of the United States · 1984
- Richmond, Fredericksburg & Potomac Railroad Company v. United StatesCourt of Appeals for the Fourth Circuit · 1991
- David Wayne Evans v. B.F. Perkins CompanyCourt of Appeals for the Fourth Circuit · 1999
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3Cited by1 opinion
- Parrish v. United StatesDistrict Court, E.D. North Carolina · 2016