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GRIFFIN v. UNITED STATES

No. 78-2924.

637 F.2d 308 (1981)

James GRIFFIN, a minor, By and Through his mother and next friend, Jane GRIFFIN, et al., Plaintiffs-Appellants, v. The UNITED STATES of America, Best Property Management Corporation, a Florida Corporation, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 17, 1981.

Attorney(s) appearing for the Case

Arnold R. Ginsberg, Miami, Fla., for plaintiffs-appellants.

Chansen & Chansen, Andrew M. Chansen, Fort Lauderdale, Fla., for Best Property Management Corp.

Kenneth D. Stern, Asst. U. S. Atty., Miami, Fla., for the United States.

Before TJOFLAT and SAM D. JOHNSON, Circuit Judges, and SEAR, District Judge.

TJOFLAT, Circuit Judge:

The district court dismissed this Federal Torts Claim Act case for lack of subject matter jurisdiction. We reverse and remand for further proceedings on the merits.

I

On April 15, 1976, James Griffin, a 10-year-old-boy, was playing catch with his sister in front of his house. An errant pitch sailed over James's head into a vacant, debris-strewn lot. James ran after the ball, but before reaching it, tripped on a metal bar and...

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