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RUTTEN v. U.S.

No. 01-3386.

299 F.3d 993 (2002)

Wilma RUTTEN; John William Rutten, II; James L. Rutten; Michael G. Rutten; Tamara Runge, Plaintiffs/Appellants, v. UNITED STATES of America, Defendant/Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 22, 2002.

Attorney(s) appearing for the Case

Mark I. Bronson, argued, St. Louis, MO, for appellant.

Nicholas P. Llewellyn, argued, Asst. U.S. Attorney, St. Louis, MO, for appellee.

Before WOLLMAN, LOKEN, and MURPHY, Circuit Judges.

WOLLMAN, Circuit Judge.

Plaintiffs, relatives of John William Rutten, appeal the district court's1 dismissal of their wrongful death suit for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1). We affirm.

I.

Rutten was an employee of the Defense Accounting and Employment Service. On June 7, 1994, he underwent his routine physical at the Federal Occupational Health Service Facility (the...

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