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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