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COLE v. UNITED STATES

No. 84-7113.

755 F.2d 873 (1985)

Christy COLE, Individually and as Personal Representative of the Estate of Robert E. Cole, Deceased; and Helen Cole, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 20, 1985.

Attorney(s) appearing for the Case

Jerry Shirley, Northport, Ala., for plaintiffs-appellants.

Patrick O. Cavanaugh, Paul F. Figley, Dept. of Justice, Washington, D.C., for defendant-appellee.

Before RONEY and HENDERSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

ALBERT J. HENDERSON, Circuit Judge:

Christy and Helen Cole appeal from an order of the United States District Court for the Northern District of Alabama denying their motions to amend and dismissing their complaint against the United States for lack of subject matter jurisdiction. We affirm in part, reverse in part, and remand.

Around 1946 and while a member of the United States Navy, Robert E. Cole was assigned maintenance duty on at least one submarine which...

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