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HARRELL v. U.S.

No. 05-3179.

443 F.3d 1231 (2006)

Richard HARRELL; Charlene Harrell, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Third Party Plaintiff-Appellee, v. Patricia Ann Phillippe; Roger Phillippe, in personam; Glastron Motor Boat, Mfg. No. 1433018, its engines, apparel, tackle, appurtenances, etc., in rem, Third Party Defendants.

United States Court of Appeals, Tenth Circuit.

April 6, 2006.

Attorney(s) appearing for the Case

Submitted on the briefs. William J. Pauzauskie, Topeka, Kansas, Ernest C. Baynard, III, John A.C. Cartner, Baynard & Cartner, Washington, D.C., for Plaintiffs-Appellants.

Peter D. Keisler, Assistant Attorney General, Eric F. Melgren, United States Attorney, Peter F. Frost, Acting Assistant Director, Admiralty, Damon C. Miller, Attorney, U.S. Department of Justice, Torts Branch, Civil Division, Washington, D.C., for Defendant-Third Party Plaintiff-Appellee.

Before LUCERO, EBEL, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

This appeal is from the district court's decision dismissing for lack of subject matter jurisdiction appellants' suit against the United States under the Suits in Admiralty Act, 46 App. U.S.C. §§ 741-52. Our jurisdiction arises under 28 U.S.C. § 1291. We affirm the district court's dismissal for lack of subject matter jurisdiction on the basis of the reasoning expressed by that court.1 The district...

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