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ESPOSITO v. U.S.

No. 03-3183.

368 F.3d 1271 (2004)

Raymond Elio ESPOSITO, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 26, 2004.

Attorney(s) appearing for the Case

Pantaleon Florez, Jr., Topeka, KS, for Plaintiff-Appellant.

Eric F. Melgren, United States Attorney, Christopher Allman, Assistant United States Attorney, Kansas City, KS, for Defendant-Appellee.

Before EBEL, BALDOCK, and LUCERO, Circuit Judges.

EBEL, Circuit Judge.

INTRODUCTION

The deceased Raymond Elio Esposito, through his counsel, appeals from the district court's order dismissing his complaint for wrongful death filed pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-80 (FTCA). Mr. Esposito alleges that his death was the result of negligence by United States government employees. The district court dismissed the suit because Mr. Esposito is deceased and therefore...

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