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HOSTON v. SILBERT

No. 81-1723.

681 F.2d 876 (1982)

Wanda Alexander HOSTON, et al., Appellants, v. Earl SILBERT, U. S. Attorney for the District of Columbia, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided June 29, 1982.

Attorney(s) appearing for the Case

David M. Basker, Washington, D. C., for appellants.

Charles F. C. Ruff, U. S. Atty., Washington, D. C., at the time the brief was filed, Royce C. Lamberth, Kenneth M. Raisler and Jason D. Kogan, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellees.

Before ROBB, Senior Circuit Judge, WALD, Circuit Judge, and OBERDORFER, United States District Judge for the District of Columbia.

Submitted Without Oral Argument.

Opinion PER CURIAM.

Dissenting opinion filed by Circuit Judge ROBB.

PER CURIAM:

The issue in this appeal is whether the district court erred in dismissing for lack of subject-matter jurisdiction, see 28 U.S.C. Rule 12(b)(1),1 appellants' wrongful death action brought against the United States under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 1346(b). We hold that...

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