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KOHN v. UNITED STATES

No. 787, Docket 81-6201.

680 F.2d 922 (1982)

Samuel KOHN, as Administrator of the Goods, Chattels and Credits which were of Private First Class Marc A. Kohn, Deceased, and Samuel Kohn and Goldie Kohn, Individually, Plaintiffs-Appellants, v. UNITED STATES of America, Department of the Army of the United States of America, Phillip Tackett and Cathy Marie Southard, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 4, 1982.

Attorney(s) appearing for the Case

Patrick H. Barth, New York City (Sudler & Barth, New York City), for plaintiffs-appellants.

Richard H. Dolan, Asst. U. S. Atty., E.D.N.Y., Brooklyn, N. Y. (Edward R. Korman, U. S. Atty., E.D.N.Y., Miles M. Tepper, Asst. U. S. Atty., Brooklyn, N. Y., of counsel), for defendants-appellees.

Before FEINBERG, Chief Judge, and KAUFMAN and MANSFIELD, Circuit Judges.

FEINBERG, Chief Judge:

Plaintiffs Samuel and Goldie Kohn appeal from a judgment entered in September 1981 by Eugene H. Nickerson, J., of the United States District Court for the Eastern District of New York, dismissing their complaint for lack of subject matter jurisdiction pursuant to defendants' motion to dismiss under Fed.R.Civ.P. 12. Appellants sought $25 million in damages under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671-2680, from...

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