KITOWSKI v. U.S.

No. 90-3744.

931 F.2d 1526 (1991)

Elaine M. KITOWSKI, as Personal Representative of the Estate of Lee William Mirecki, deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 29, 1991.


Attorney(s) appearing for the Case

Martin H. Levin Ross M. Goodman, Fredric G. Levin, Levin, Middlebrooks, Mabie, Thomas, Mayes & Mitchell, Pensacola, Fla., for plaintiff-appellant.

Michael P. Finney, Asst. U.S. Atty., Pensacola, Fla., Robert S. Greenspan, Steve Frank, Civil Div., U.S. Dept. of Justice, Washington, D.C., for defendant-appellee.

Before ANDERSON, Circuit Judge, and RONEY and LIVELY, Senior Circuit Judges.


LIVELY, Senior Circuit Judge:

This is a suit under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671-80 (1988), by the mother of a Navy enlisted man who died during a training exercise. The complaint sought damages for wrongful death. The district court determined that it lacked subject matter jurisdiction and dismissed the action. The district court reached this conclusion by applying the holding in Feres v. United States,

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