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MALONE v. UNITED STATES

No. 77-3005.

581 F.2d 582 (1978)

Monica MALONE et al., Plaintiff, Shippers Dispatch, Inc., Defendant-Third Party Plaintiff-Appellant, v. UNITED STATES of America, Third Party Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 17, 1978.

Attorney(s) appearing for the Case

Richard T. Reminger, Reminger & Reminger Co., L.P.A., W. Frederick Fifner, Cleveland, Ohio, for defendant-third party plaintiff-appellant.

James R. Williams, U. S. Atty., Cleveland, Ohio, Ronald R. Glancz, John J. Farley, III, Dept. of Justice, Washington, D. C., for third party defendant-appellee.

Before EDWARDS, KEITH and MERRITT, Circuit Judges.

MERRITT, Circuit Judge.

The appellant, Shippers Dispatch, Inc., a truck line (herein called "Shippers"), appeals from a judgment of District Judge Manos in the Northern District of Ohio dismissing Shippers' third party defendant complaint against the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-80. The District Court dismissed the third party complaint for lack of subject matter jurisdiction. We affirm the judgment of the District...

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