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SPAWR v. UNITED STATES

No. 85-6483.

796 F.2d 279 (1986)

Walter J. SPAWR and Frances A. Spawr, Plaintiffs-Appellants, v. UNITED STATES of America, and U.S. Dept. of Commerce, Malcolm Baldridge, Theodore W. Wu, Thomas Hoya, Thomas Barbour, and John Boidock, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 4, 1986.

Attorney(s) appearing for the Case

Walter Spawr and Frances Spawr, pro se.

Stephen Petersen, Asst. U.S. Atty., Los Angeles, Cal., for defendants-appellees.

Before GOODWIN, TANG and FLETCHER, Circuit Judges.

TANG, Circuit Judge:

The Spawrs appeal from the dismissal for lack of subject matter jurisdiction of their damages claim under the Federal Torts Claim Act, 28 U.S.C. §§ 1346, 2671-2680 (1982). The Spawrs filed their claim in district court seeking damages for suspension of their export privileges by the Department of Commerce. The court dismissed the claim because the Spawrs had not first filed an administrative claim with the Department as required by the...

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