HOLT v. U.S.

No. 93-5218.

46 F.3d 1000 (1995)

David HOLT, as Personal Representative of the Estates of James W. Holt and Joan Holt, deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

January 30, 1995.


Attorney(s) appearing for the Case

Michael D. Parks of Stipe, Gossett, Stipe, Harper, McCune & Parks, McAlester, OK, for plaintiff-appellant.

Peter Bernhardt, Asst. U.S. Atty. (Stephen C. Lewis, U.S. Atty., with him on the brief), Tulsa, OK, for defendant-appellee.

Before BALDOCK and BRORBY, Circuit Judges, and KANE, District Judge.


BALDOCK, Circuit Judge.

Plaintiff David Holt appeals the district court's dismissal of his complaint pursuant to Fed.R.Civ.P. 12(b)(1) for lack of subject matter jurisdiction. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

The instant dispute involves a fatal automobile accident which occurred on Oklahoma State Highway 151 where it traverses Keystone Dam ("the Dam"), near Tulsa, Oklahoma.

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