SCHMIDT v. U.S.

No. 89-1328.

901 F.2d 680 (1990)

Phyllis SCHMIDT and Earl Schmidt, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 25, 1990.

Rehearing and Rehearing Denied June 8, 1990.


Attorney(s) appearing for the Case

John P. Madigan, Jr., St. Louis, Mo., for appellants.

James C. Wilson, Washington, D.C., for appellee.

Before BOWMAN, Circuit Judge, HEANEY, Senior Circuit Judge, and HUNTER, District Judge.


Rehearing and Rehearing En Banc Denied June 8, 1990.

HEANEY, Senior Circuit Judge.

Phyllis and Earl Schmidt appeal from the order of the district court dismissing their complaint under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680 (1982) (FTCA), for lack of subject matter jurisdiction. We affirm.

BACKGROUND

On December 20, 1983, air traffic controllers cleared an Ozark Airline plane to land in Sioux Falls, South Dakota...

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