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LOVELY v. U.S.

No. 08-3524.

570 F.3d 778 (2009)

Wayne G. LOVELY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 26, 2009.

Attorney(s) appearing for the Case

ARGUED: Kevin P. Podlaski, Carson Boxberger LLP, Fort Wayne, Indiana, for Appellant. Patrick D. Quinn, Assistant United States Attorney, Dayton, Ohio, for Appellee. ON BRIEF: Kevin P. Podlaski, Diana Carol Bauer, Carson Boxberger LLP, Fort Wayne, Indiana, for Appellant. Patrick D. Quinn, Assistant United States Attorney, Dayton, Ohio, for Appellee.

Before MOORE and GILMAN, Circuit Judges; PHILLIPS, District Judge.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Plaintiff-Appellant Wayne G. Lovely appeals the order of the district court dismissing for lack of subject-matter jurisdiction Lovely's claim brought under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b), 2671-2680. Lovely, a former student at the University of Dayton ("UD") and member of the Army Reserve Officers' Training Corps ("ROTC"), brought claims against Defendant-Appellee the United...

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