Legal Opinion
McDaniel v. United States
District Court, E.D. Texas
Decided September 18, 1995No. Civ. A. 9:95 CV 58PublishedCited by 96 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
HANNAH, District Judge.
Before the court is the Motion to Dismiss the United States pursuant to Fed.R.Civ.P., 12(b)(1), and 12(b)(6), alleging that the court lacks subject matter jurisdiction over the United States and that Plaintiffs have failed to state a claim upon which relief can be granted. 1 For the reasons given below, the court finds that the Motion is well taken and should be GRANTED.
I.BACKGROUND
Plaintiffs, B.H. McDaniel and his sister, Louise McDaniel Banks, brought suit under the Federal Tort Claims Act (“FTCA”) alleging damages to their property as a result of…
2Cases cited11 opinions
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
- 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
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3Cited by96 opinions
- Lawrence H. Ramming v. United States of America, John Thomas Cloud v. United StatesCourt of Appeals for the Fifth Circuit · 2001
- Santerre v. Agip Petroleum Co., Inc.District Court, S.D. Texas · 1999
- Rodriguez v. Texas Commission on the ArtsDistrict Court, N.D. Texas · 1998
- Harris v. Board of Trustees UniversityDistrict Court, N.D. Alabama · 2012
- Doe v. United StatesDistrict Court, S.D. Texas · 2000
91 more not listed; retrieve them via the Exa API.