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MONTEZ v. DEPARTMENT OF NAVY

No. 03-10767.

392 F.3d 147 (2004)

David MONTEZ, etc., et al., Plaintiffs, Rita Whitt, individually and next friend of Kimberly Whitt, deceased; Ronnie Whitt, individually and next friend of Kimberly Whitt, deceased, Plaintiffs-Appellants, v. DEPARTMENT OF THE NAVY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 30, 2004.

Attorney(s) appearing for the Case

Donald Torrence Fulton (argued), Law Offices of Donald T. Fulton, Fort Worth, TX, for Plaintiffs-Appellants.

William J. Andersen, Asst. U.S. Atty. (argued), Fort Worth, TX, for Defendant-Appellee.

Before BENAVIDES, STEWART and CLEMENT, Circuit Judges.

BENAVIDES, Circuit Judge:

Plaintiffs-Appellants, Rita and Ronnie Whitt (the "Whitts"), appeal the district court's dismissal of their Federal Tort Claims Act ("FTCA") complaint against the Department of the Navy (the "Navy") for lack of subject matter jurisdiction.1 In this case, the parties dispute whether tortfeasor Emilio Partida was acting within the scope of his naval employment at the time of the accident that killed Kimberly Whitt...

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