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POINDEXTER v. UNITED STATES

No. 85-4080 Summary Calendar.

777 F.2d 231 (1985)

Robert L. POINDEXTER and Earnestine Poindexter, Plaintiffs-Appellants, v. UNITED STATES of America and John O. Marsh, Jr., Secretary of the United States Department of the Army, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 26, 1985.

Attorney(s) appearing for the Case

Carroll Rhodes, Hazlehurst, Miss., for plaintiffs-appellants.

George Phillips, U.S. Atty., L.A. Smith, III, Asst. U.S. Atty., Jackson, Miss., Michael Kimmel, Atty., U.S. Dept. of Justice, Civil Div., Constance Wynn, Robert S. Greenspan, Attys., Appellate Staff, Dept. of Justice, Washington, D.C., for defendants-appellees.

Before POLITZ, GARWOOD and JOLLY, Circuit Judges.

GARWOOD, Circuit Judge.

Appellants Robert and Earnestine Poindexter appeal the dismissal of their Military Claims Act suit by the district court for lack of subject matter jurisdiction. We affirm.

Facts and Proceedings Below

As alleged in the complaint, on March 19, 1980, Sharon Lynn Poindexter Walker, an Army enlisted woman, and her three-year-old son Daimon Jamol Poindexter, were found dead in their apartment at the United States Army Base in Frankfurt...

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