TINDALL BY TINDALL v. U.S.

No. 89-4608.

901 F.2d 53 (1990)

Jim W. TINDALL, Jr., A Minor by his Father and Next Friend, Jim W. TINDALL, Plaintiff-Appellant v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 10, 1990.


Attorney(s) appearing for the Case

Arnold F. Gwin, W.S. Stuckey, Jr., Greenwood, Miss., for plaintiff-appellant.

Daniel Unumb, Civ.Div., Torts Branch, U.S. Dept. of Justice, Washington, D.C., for defendant-appellee.

Before WISDOM, POLITZ, and JOHNSON, Circuit Judges.


PER CURIAM:

The plaintiff in this negligence suit under the Federal Tort Claims Act appeals the district court's dismissal of his case for lack of subject matter jurisdiction. Because we find that the defendant owed no actionable duty to the plaintiff, we affirm the judgment, although we do so on an alternate ground.

I

Jim W. Tindall, Jr. severely injured his left hand when he unintentionally lit an M-80 explosive. An M-80 explosive is similar in...

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