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SHEPPARD v. UNITED STATES

Nos. 16135-16137.

369 F.2d 272 (1966)

Joseph B. SHEPPARD, Sr., Administrator of the Estate of Joseph B. Sheppard, Jr., and Anthony G. Moccia, Administrator of the Estates of William Bradley Breon and Michael J. Mondo, Jr. v. UNITED STATES of America. Joseph B. Sheppard, Sr., Administrator of the Estate of Joseph B. Sheppard, Jr., Appellant in No. 16135. Anthony G. Moccia, Administrator of the Estate of William Bradley Breon, Appellant in No. 16136. Anthony G. Moccia, Administrator of the Estate of Michael J. Mondo, Jr., Appellant in No. 16136.

United States Court of Appeals Third Circuit.

Decided December 12, 1966.

Attorney(s) appearing for the Case

Stephen M. Feldman, Philadelphia, Pa. (Joseph G. Feldman, Feldman & Feldman, Philadelphia, Pa., Hy Mayerson, Philadelphia, Pa., of counsel, on the brief), for appellants.

Morton Hollander, Chief, Appellate Section, Dept. of Justice, Washington, D. C. (J. William Doolittle, Acting Asst. Atty. Gen., Drew J. T. O'Keefe, U. S. Atty., David L. Rose, Florence Wagman Roisman, Attys., Dept. of Justice, Washington, D. C., on the brief), for appellee.

Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

Plaintiffs are the administrators of the estates of three United States marines who were killed in the crash of a United States Air Force aeroplane while they were on active duty, in the course of activity incident to that duty. The suit was under the Torts Claims Act, 28 U.S.C. § 2671 et seq. It was dismissed by the District Court under Rule 12(b), F.R.Civ.P. for lack of jurisdiction over the subject matter.

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