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MADER v. U.S.

No. 09-1025.

654 F.3d 794 (2011)

Nancy MADER, Personal Representative of the Estate of Robert Mader, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 7, 2011.

Attorney(s) appearing for the Case

John P. Ellis , argued, D.C. Bradford, on the brief, Omaha, NE, for appellant.

Melissa N. Patterson , argued, Civil Division, USDOJ, Washington, DC, Frederick D. Franklin , AUSA, Omaha, NE, Lynett M. Wagner , AUSA, Omaha, NE, Thomas M. Bondy , Civil Division, USDOJ, Washington, DC, on the brief, for appellee.

Before RILEY, Chief Judge, WOLLMAN, BEAM, LOKEN, MURPHY, BYE, MELLOY, SMITH, COLLOTON, GRUENDER, BENTON, and SHEPHERD, Circuit Judges.

BEAM, Circuit Judge, with whom RILEY, Chief Judge, WOLLMAN, LOKEN (except as to Part II), COLLOTON (except as to Part V), GRUENDER and BENTON, Circuit Judges, join.

In this appeal concerning the Federal Tort Claims Act, we determine whether a purported personal representative may invoke the adjudicatory capacity, that is, the subject-matter jurisdiction of a United States District Court on behalf of statutory beneficiaries if, under 28 U.S.C. § 2675(a), the representative...

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