HOERY v. U.S.

No. 01-1100.

324 F.3d 1220 (2003)

Robert N. HOERY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 11, 2003.


Attorney(s) appearing for the Case

Kevin S. Hannon (Tearle W.T. Harlan, with him on the briefs) of The Hannon Law Firm LLC, Denver, CO, for Plaintiff-Appellant.

Henry T. Miller, Trial Attorney, Torts Branch, Civil Division, United States Department of Justice, Washington, DC (Stuart E. Schiffer, Acting Assistant Attorney General, United States Department of Justice, Washington, DC; Richard T. Spriggs, United States Attorney, and Gina Rodriguez, Civil Chief for Office of United States Attorney, Denver, CO; J. Patrick Glynn, Director, and David S. Fishback, Assistant Director, Torts Branch, Civil Division, United States Department of Justice, Washington, DC, with him on the brief), for Defendant-Appellee.

Before SEYMOUR, McKAY and MURPHY, Circuit Judges.


SEYMOUR, Circuit Judge.

Robert N. Hoery sued the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(1), 2671-80 (FTCA), seeking damages for alleged groundwater contamination on his property caused by the wrongful discharge of chemicals at Lowry Air Force Base in Colorado. The government moved to dismiss under FED. R.CIV.P. 12(b)(1) for lack of subject matter jurisdiction, contending Mr. Hoery had failed to file a timely administrative...

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