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MONTOYA v. U.S.

No. 87-2502 Summary Calendar.

841 F.2d 102 (1988)

Maria MONTOYA, Individually and as next friend of Mary Ann Montoya, et al., Plaintiff-Appellant, v. UNITED STATES of America, Manuel Flores, Individually and as an Employee of the Immigration and Naturalization Service, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 8, 1988.

Attorney(s) appearing for the Case

Thelma O. Garcia, Harlingen, Tex., for plaintiff-appellant.

Jeanette Mercado, James R. Gough, Frank A. Conforti, Asst. U.S. Attys., Houston, Tex., for defendant-appellee.

Before POLITZ, JOHNSON, and HIGGINBOTHAM, Circuit Judges.

POLITZ, Circuit Judge:

The district court dismissed without prejudice the Federal Tort Claims Act complaint of Maria Montoya, individually and on behalf of the minors Mary Ann Montoya, Manuel Montoya, Jr., and Catalina Benavides, for failure to pursue administrative remedies. We affirm.

Background

This litigation grows out of a motor vehicle accident in Cameron County, Texas, on July 27, 1984. The accident involved a car driven by Maria Montoya...

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