Cleveland v. United States

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS; GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT; AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

PHYLLIS J. HAMILTON, District Judge.

On November 28, 2007, the court heard argument in defendant’s motion to dismiss the above-entitled action for lack of subject matter jurisdiction and alternative motion for summary judgment, and plaintiffs’ motion for partial summary judgment. Plaintiffs appeared by their counsel Michael S. Henderson, and defendant appeared by its counsel Katherine B. Dowling. Having read the parties’ papers and carefully…