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MILLER v. U.S.

No. 05-4283.

463 F.3d 1122 (2006)

John MILLER and Joan Miller, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 15, 2006.

Attorney(s) appearing for the Case

Submitted on the Briefs:* Edward P. Moriarity and Shandor S. Badaruddin, Moriarity, Badaruddin, & Booke, LLC, Missoula, MT, for Appellants.

Stephen J. Sorenson, Acting United States Attorney, and Jeffrey E. Nelson, Assistant United States Attorney, Office of the United States Attorney for the District of Utah, Salt Lake City, UT, for Appellee.

Before TACHA, Chief Circuit Judge, HARTZ, and TYMKOVICH, Circuit Judges.

TACHA, Chief Circuit Judge.

Plaintiffs-Appellants John and Joan Miller seek relief under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b), 2671-2680, for injuries resulting from a car accident that occurred in the State of Utah. The District Court dismissed the action under Fed.R.Civ.P. 12(b)(6). We take jurisdiction under 28 U.S.C. § 1291 and AFFIRM.

I. BACKGROUND

John and Joan Miller were injured in a car accident caused...

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