BROWN v. U.S.

No. 86-5705.

838 F.2d 1157 (1988)

Dewey BROWN, as the Personal Representative of the Estate of Charlie Brown, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 1, 1988.


Attorney(s) appearing for the Case

Leon B. Kellner, U.S. Atty., Michael Minkin, David O. Leiwant, Linda Collins Hertz, Asst. U.S. Attys., Miami, Fla., for U.S.

Mark J. Feldman, Miami, Fla., for Dewey Brown.

Before TJOFLAT and VANCE, Circuit Judges, and ALLGOOD, Senior District Judge.


PER CURIAM:

In this wrongful death suit against the United States, the district court found liability and awarded damages in the amount of $49,328.50. On appeal, the United States argues that the district court lacked subject matter jurisdiction because the claimant failed properly to exhaust administrative remedies as required by 28 U.S.C. § 2675(a) (1982). Alternatively, the United States argues that it is entitled to a setoff equal to the amount received by...

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