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THIGPEN v. UNITED STATES

No. 85-2007.

800 F.2d 393 (1986)

Tamara Jo THIGPEN and Jo Ann Evelyn Kramber, as Guardian ad Litem for Lisa Marie Kramber, a minor under the age of eighteen (18) years, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 10, 1986.

Attorney(s) appearing for the Case

H. Fred Kuhn, Jr. (Joel D. Bailey, Moss, Bailey & Dore, P.A., Beaufort, S.C., on brief), for appellants.

Glen E. Craig, Asst. U.S. Atty. (Vinton D. Lide, U.S. Atty., Columbia, S.C. Heidi Solomon, Asst. U.S. Atty., Charleston, S.C., on brief), for appellee.

Before WIDENER, MURNAGHAN, and WILKINSON, Circuit Judges.

WILKINSON, Circuit Judge:

Appellants Tamara Jo Thigpen and Lisa Marie Kramber brought suit under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b) and 2671-2680, to recover damages for the sexual abuse they encountered as minor patients in the United States Naval Hospital in Beaufort, South Carolina. The district court dismissed these claims for want of jurisdiction under Fed.R.Civ.P. 12(b)(1), because they arose out of an assault and battery and...

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