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TRIPLETT, v. UNITED STATES

No. Civil LV 79-289 RDF.

501 F.Supp. 118 (1980)

Ann TRIPLETT, Executrix of the Estate of Oral Merman Triplett, Plaintiff, v. The UNITED STATES of America, and Does I through XX, Defendants.

United States District Court, D. Nevada.

October 8, 1980.

Attorney(s) appearing for the Case

Beckley, Singleton, DeLanoy & Jemison, Las Vegas, Nev., for plaintiff.

U. S. Atty. B. Mahlon Brown by Brian L. Sullivan, Asst. U. S. Atty., D. Nev., Las Vegas, Nev., and Charles E. Mandolia, Trial Atty., Torts Branch, Civ. Div., U. S. Dept. of Justice, Washington, D.C., for defendants.

ORDER OF DISMISSAL

ROGER D. FOLEY, District Judge.

The defendant United States of America moves to dismiss this action for lack of subject matter jurisdiction on the ground that the plaintiffs failed to meet the statutory prerequisites to suit under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671-2680, in that the administrative claim filed on behalf of the plaintiffs by their attorney did not include "evidence of his authority to...

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