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BARRON v. UNITED STATES

No. 21-50776.

31 F.4th 347 (2022)

Rogelio BARRON, individually and on behalf of Anthony Barron, deceased; Maria Barron, individually and on behalf of Anthony Barron, deceased, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED April 13, 2022.

Attorney(s) appearing for the Case

Sean A. McConnell, Esq. , Winckler & Harvey, L.L.P., Austin, TX, for Plaintiffs-Appellants.

Faith Johnson , James Francis Gilligan, Jr., Esq. , Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Texas, San Antonio, TX, for Defendant-Appellee.

Before Stewart, Clement, and Elrod, Circuit Judges.

The parents of decedent Anthony Barron appeal the district court's ruling that it lacked jurisdiction under the Federal Tort Claims Act (FTCA) to hear their claim. For the reasons discussed below, we REVERSE the decision of the district court and REMAND for further proceedings consistent with this opinion.<...

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