Koch v. United States

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

The government moves to dismiss plaintiffs’ action to quiet title pursuant to Federal Rule of Civil Procedure 12(b)(1) and (6). Jurisdiction of this court is invoked pursuant to Title 28 U.S.C. § 2409a (Supp.1993).

Plaintiffs filed an amended complaint along with their response to the governments’ motion to dismiss. The government subsequently answered the amended complaint. I consider the government’s motion to dismiss as being addressed to the amended pleading to the extent defects raised in the motion remain in the new pleading. See 6…