United States v. Flake
District Court, E.D. New York
1Opinion of the Court
MEMORANDUM AND ORDER
NICKERSON, District Judge.
The United States brought this action to recover funds transferred from a federally-funded Department of Housing and Urban Development (“HUD”) housing project to a church school. This court has jurisdiction under 28 U.S.C. §§ 1331, 1345.
Defendants move to dismiss the complaint on the grounds that it fails to state a claim and is time barred. In accordance with Federal Rule of Civil Procedure 12(b)(6) the court treats the motion as one for summary judgment under Rule 56 and has considered matters outside the pleadings. Both parties had notice that…
2Cases cited10 opinions
- Office of Personnel Management v. RichmondSupreme Court of the United States · 1990
- United States v. SummerlinSupreme Court of the United States · 1940
- Guaranty Trust Co. v. United StatesSupreme Court of the United States · 1938
- In Re "Agent Orange" Product Liability Litigation Mdl No. 381Court of Appeals for the Second Circuit · 1987
- In Re "Agent Orange" Product Liability LitigationDistrict Court, E.D. New York · 1984
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3Cited by4 opinions
- United States v. Retirement Services GroupCourt of Appeals for the Fifth Circuit · 2002
- United States v. Envicon Development Corp.District Court, D. Connecticut · 2001
- United States v. GiordanoDistrict Court, D. Rhode Island · 2012
- United States v. Retmnt Svcs GrpCourt of Appeals for the Fifth Circuit · 2002