District Court, S.D. West Virginia April 5, 2002, CIV.A. 3:00-0582 (McMellon v. United States)

ORDER

GOODWIN, District Judge.

Now pending is the United States’s (1) Motion to Dismiss for Lack of Subject Matter Jurisdiction; or in the Alternative, Motion for Summary Judgment; (2) Motion to Preclude the Expert Testimony of John Deck, III; and (3) Motion to Strike John Deck’s Report.