STANTON v. UNITED STATES

No. 30299 Summary Calendar.

434 F.2d 1273 (1970)

Adria Smith STANTON et al., Plaintiffs-Appellants, v. UNITED STATES of America et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 2, 1970.


Attorney(s) appearing for the Case

W. G. Walley, Jr., Beaumont, Tex., for plaintiffs-appellants.

Lutcher B. Simmons, Orange, Tex., Shiro Kashiwa, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., Walter Kiechel, Jr., Acting Asst. Atty. Gen., Roby Hadden, U. S. Atty., Tyler, Tex., Raymond N. Zagone, Eva R. Datz, Attys., Dept. of Justice, Washington, D. C., for defendants-appellees.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.


WISDOM, Circuit Judge:

The question this case presents is whether the United States has consented to be sued under 28 U.S.C. §§ 1347 and 2409 in an action for partition of real estate when the United States disputes the plaintiffs' claim to ownership and possession of the property. We agree with the district court's holding for the United States and affirm the order dismissing the complaint for lack of jurisdiction.

The plaintiffs, children and grandchildren...

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