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SMITH v. U.S.

No. 88-1865.

873 F.2d 218 (1989)

Dorothy SMITH, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 21, 1989.

Attorney(s) appearing for the Case

Scott R. Bickford, Martzell, Thomas & Bickford, New Orleans, La., for plaintiff-appellant.

Gregory C. Sisk, Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C., for defendant-appellee.

Before SNEED and NOONAN, Circuit Judges, and WILSON, District Judge.

SNEED, Circuit Judge:

Dorothy Smith appeals the dismissal of two suits against the United States for lack of subject matter jurisdiction. We affirm.

I.

FACTS AND PROCEEDINGS BELOW

On October 4, 1984, Harvey L. Smith died of mesothelioma. His widow, Dorothy Smith, believes that Mr. Smith was exposed to asbestos when he served as a United States merchant seaman from 1966 to 1972, and that this exposure caused his illness and death. On August...

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