District Court, D. Arizona April 26, 1990, Civ. 89-375 TUC WDB (Apache Powder Co. v. United States)

ORDER

WILLIAM D. BROWNING, Chief Judge.

The Court has reviewed the Government’s motion to dismiss for lack of subject matter jurisdiction. Since affidavits have been attached, the Court deems the motion as one for summary judgement. Accordingly, the facts will be viewed in the light most favorable to the non-moving party. Plaintiff has moved the Court to strike unsubstantiated factual allegations.