Moyer Packing Co. v. United States

MEMORANDUM

GILES, District Judge.

I. INTRODUCTION

Before the court is Defendant United States of America’s Motion to Dismiss Plaintiff Moyer Packing Company’s Complaint for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) 1 of the Federal Rules of Civil Procedure and Plaintiffs Motion for Summary Judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiffs claims arise from a government inspector’s alleged release into production of a beef carcass, the tissue of which had been sent for testing, before the test results were obtained and returned. The carcass was…