Westerfield Companies v. United States

OPINION GRANTING DEFENDANTS MOTION TO DISMISS

HILLMAN, Senior District Judge.

Before the court is defendant’s motion to dismiss pursuant to Fed.R.Civ.P. 12(e) for lack of subject matter jurisdiction.

FACTS

On or about December 9,1990, a convoy of the United States Army Reserve 182nd Transport Company was passing through Charlevoix, Michigan, on its way from Traverse City, Michigan, to Fort McCoy, Wisconsin. The company was in the process of deploying to Saudi Arabia as part of Operation Desert Shield/ Desert Storm. In the convoy was a five-ton truck, bearing registration number X-107 USAR, driven…