Donahou et al v. Department of Defense et al

Filing 8

ORDER granting 4 MOTION to Dismiss for Failure to State a Claim Upon Which Relief can be Granted and Lack of Jurisdiction over the United States filed by Department of Defense and remanding this case to the County Court of Pope County, Arkansas. Signed by Judge James M. Moody on 1/12/09. (bkp)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EDDIE DONAHOU AND LAVONNE DONAHOU v. U.S. ARMY CORPS OF ENGINEERS, DAVID MOORE AND BOBBIE MOORE, TRUSTEES, WILLIAM ABINGTON, LARRY FINK AND MELINDA FINK ORDER On this 12th day of January, 2009 is presented to the Court the Motion to Dismiss for Failure to State a Claim upon which Relief can be Granted and Lack of Jurisdiction over the United States and Brief in Support thereof filed by the United States of America, U.S. Army Corps of Engineers (DE #4). The Court being advised that the parties are in agreement with the entry of this Order: IT IS HEREBY ORDERED: 1. Plaintiffs' action is hereby dismissed against the United States of America, PLAINTIFFS

CASE NO. 4:08-CV-4150 JMM

DEFENDANTS

U.S.Corps of Engineers. 2. This case is remanded to the County Court of Pope County, Arkansas.

IT IS SO ORDERED. DATED: January 12, 2009. UNITED STATES DISTRICT JUDGE

APPROVED: /s/ Dan Stripling Dan Stripling Assistant U. S. Attorney /s/ Roy Beth Kelley Roy Beth Kelley Attorney for Plaintiffs