Legal Opinion

McLaughlin v. United States

District Court, D. Maine

Decided September 18, 1987No. Civ. No. 86-0328-PPublished

1Opinion of the Court

MEMORANDUM OF DECISION AND ORDER ON DEFENDANT’S MOTION TO DISMISS

(Fed.R.Civ.P. 12(b)(1) and 12(b)(6))

GENE CARTER, District Judge.

I. Procedural Background

This matter is before the Court for decision on the Defendant’s motion to dismiss the complaint herein pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6), which motion was filed on June 30, 1987. The motion has now been fully briefed and the Court will discuss herein the merits of the Defendant’s second basis for the motion; namely, that the United States does not have a duty to undertake a search-and-rescue mission.1

In ruling upon this motion…

2Cases cited9 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Indian Towing Co. v. United StatesSupreme Court of the United States · 1955
  3. Thomas Harper, Etc. v. Robert Cserr, M.D., Etc.Court of Appeals for the First Circuit · 1976
  4. United States v. Sandra & Dennis Fishing Corp.Court of Appeals for the First Circuit · 1967
  5. Pan Cargo Shipping Corp. v. United StatesSupreme Court of the United States · 1967

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