District Court, D. Massachusetts May 3, 2000, Civ.A. 99-11229-EFH (Booten v. United States)

MEMORANDUM AND ORDER

HARRINGTON, District Judge.

STATEMENT OF THE CASE

This matter is before the Court on the Defendant’s Motion to Dismiss Counts VII - IX

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of the Further Amended Complaint and Jury Claim (the “Complaint”) pursuant to Fed.R.Civ.P. 12(b)(1), or, in the alternative, Motion for Summary Judgment pursuant to Fed.R.Civ.P. 56(b), for lack of subject matter jurisdiction.