McAllister Towing & Transportation Co. v. United States

MEMORANDUM

BUCKWALTER, Senior District Judge.

Pending before the Court are Defendant United States of America (“the Government” or “U.S.”)’s Second Motion to Dismiss, Plaintiffs McAllister Towing and Transportation Company, Inc. and McAl-lister Towing of Philadelphia, Inc. (collectively “McAlhster”)’s Motion for Summary *445Judgment, and the Government’s Motion for Summary Judgment. For the following reasons the Government’s Second Motion to Dismiss is granted and McAllister’s and the Government’s Cross-Motions for Summary Judgment are each denied as moot.

I. FACTUAL AND PROCEDURAL HISTORY1

Plaintiff…