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MAJOR v. U.S.

No. 86-6226.

835 F.2d 641 (1987)

Don H. MAJOR, administrator of the estate of Debra Lynn Spradlin, deceased, and Charles L. Mauk, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 16, 1987.

Attorney(s) appearing for the Case

William T. Warner, argued, Conliffe, Sandmann, Gorman, Sullivan, William L. Hoge, III, Louisville, Ky., for plaintiffs-appellants.

Joseph M. Whittle, U.S. Atty., Louisville, Ky., James H. Barr, Mel Olmscheid, Army Judge Advocate Gen., Melvin G. Olmscheid, argued, Dept. of the Army, Washington, D.C., for defendant-appellee.

Before WELLFORD and GUY, Circuit Judges; and HIGGINS, District Judge.

PER CURIAM.

Plaintiffs, Don Major, as administrator of the estate of Debra Spradlin, and Charles Mauk, appeal from the district court's order dismissing their consolidated complaints for lack of subject-matter jurisdiction under Fed.R.Civ.P. 12(b)(1). Both Spradlin and Mauk were enlisted members of the United States Army and had brought suit under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b) and 2671, et seq., for the death of Spradlin...

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