RODRIGUE v. U.S.

No. 92-1009.

968 F.2d 1430 (1992)

Louis J. RODRIGUE, Administrator of the Estate of William J. Rodrigue, Plaintiff, Appellant, v. UNITED STATES of America, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 13, 1992.


Attorney(s) appearing for the Case

David Shaughnessy with whom John Wall and Law Office of John Wall, Boston, Mass., were on brief, for plaintiff, appellant.

Diana Gordon, with whom Stuart M. Gerson, Asst. Atty. Gen., Washington, D.C., John Pappalardo, Acting U.S. Atty., Mary Elizabeth Carmody, Asst. U.S. Atty., Boston, Mass., Jeffrey Axelrad, Director, and Paul F. Figley, Deputy Director, Torts Branch, Civ. Div., Dept. of Justice, Washington, D.C., were on brief, for defendant, appellee.

Before BREYER, Chief Judge, ALDRICH and COFFIN, Senior Circuit Judges.


BAILEY ALDRICH, Senior Circuit Judge.

This declaratory judgment action, 28 U.S.C. § 2201, involving the death of a serviceman raises at the outset a question of subject matter jurisdiction. Because Airman William Rodrigue's death occurred out of the country, relief lay not in the Federal Tort Claims Act (FTCA), but in the Military Claims Act (MCA), 10 U.S.C. §§ 2731 et seq. Unlike the FTCA, where prior administrative denial is but a condition...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases