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MERRITT v. SHUTTLE, INC.

No. 00-6193.

245 F.3d 182 (2001)

Richard MERRITT & Mary Jo Merritt, Plaintiffs-Appellants, v. SHUTTLE, INC., U.S. Airways Inc., Terry V. Hallcom, Steven K. Wilson, & United States of America, Defendants-Appellees.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: April 3, 2001.

Attorney(s) appearing for the Case

Richard Merritt, Lindenhurst, NY, pro se, for Plaintiffs-Appellants.

Peter R. Maier, Department of Justice, Washington, DC (David W. Ogden, Assistant Attorney General, Washington, DC, Loretta E. Lynch, United States Attorney, Eastern District of New York, Brooklyn, NY, and Barbara L. Herwig, Department of Justice, Washington, DC, of counsel), for Defendant-Appellee United States of America.

Before VAN GRAAFEILAND, WINTER, and SOTOMAYOR, Circuit Judges.

SOTOMAYOR, Circuit Judge:

Plaintiffs-appellants Richard Merritt ("Merritt") and Mary-Jo Merritt (collectively, "plaintiffs") appeal from a May 2, 2000 judgment of the United States District Court for the Eastern District of New York (Thomas C. Platt, Jr., Judge) dismissing their action as against all defendants. More specifically, plaintiffs appeal the district court's sua sponte dismissal of their claim under the Federal Tort Claims Act (FTCA), 28 U...

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