District Court, M.D. Pennsylvania January 20, 2005, 3:04-cv-00500 (Ruggiero v. United States)

MEMORANDUM

CAPUTO, District Judge.

Before me is Defendants’ Motion to Dismiss under Rule 12(b)(1) of the Federal Rules of Civil Procedure for lack of subject matter jurisdiction. (Doc. 7.) Resolution of this motion turns on whether the so-called

Feres

doctrine,

Feres v. United States,

340

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U.S. 135, 71 S.Ct. 153, 95 L.Ed.