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BARNES v. U.S.

No. 13-5014.

776 F.3d 1134 (2015)

Larry Wayne BARNES, Sr.; Linda Sue Barnes, Plaintiffs-Appellants, v. UNITED STATES of America; John Doe, sued as: John Does 1-30, unknown individuals of the Tulsa Police Department and/or Batf and John Does 31-40, unknown supervisors and/or policy makers for the Tulsa Police Department and/or BATF, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 21, 2015.

Attorney(s) appearing for the Case

Art Fleak , Tulsa, OK ( J. Derek Ingle , E. Terrill Corley & Associates, Tulsa, OK, and E. Anthony Mareshie , E. Anthony Mareshie, P.L.L.C., Tulsa, OK, with him on the briefs), for Plaintiffs-Appellants.

Zakary Toomey , Civil Division, U.S. Department of Justice, Washington, D.C. ( Stuart F. Delery , James G. Touhey, Jr. , and Lawrence Eiser , Civil Division, U.S. Department of Justice, Washington, D.C., with him on the brief), for Defendants-Appellees.

Before KELLY, GORSUCH, and HOLMES, Circuit Judges.

Larry and Linda Barnes appeal from the dismissal of their Federal Tort Claims Act ("FTCA") suit. The district court dismissed the case for lack of subject-matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1), based on its finding that the Barneses' claims were...

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