LAMPITT v. UNITED STATES

No. S83-0156C.

585 F.Supp. 151 (1984)

Edwin C. LAMPITT, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, E.D. Missouri, Southeastern Division.

March 19, 1984.


Attorney(s) appearing for the Case

Richard H. Ulrich, Shifrin, Treiman, Barken, Dempsey & Ulrich, St. Louis, Mo., James R. Milliken, McInnis, Fitzgerald, Rees, Sharkey & McIntyre, San Diego, Cal., for plaintiff.

Thomas E. Dittmeier, U.S. Atty. by Joseph B. Moore, Asst. U.S. Atty., St. Louis, Mo., for defendant.


MEMORANDUM

WANGELIN, District Judge.

This matter is before the Court upon defendant's motion for summary judgment pursuant to Fed.R.Civ.P. 56. For the reasons set forth below, the Court finds summary judgment to be inappropriate, but will nevertheless dismiss the action for lack of subject matter jurisdiction. Plaintiff seeks to bring this action pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671 et seq. alleging...

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