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HARTMAN v. UNITED STATES

Civ. A. No. 79-2461-5.

522 F.Supp. 114 (1981)

Guy B. HARTMAN, as Administrator of the Estate of Martha Venita Hartman, deceased, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. South Carolina, Rock Hill Division.

July 14, 1981.

Attorney(s) appearing for the Case

Robert R. Carpenter, Roddey, Carpenter & White, Rock Hill, S. C., for Guy B. Hartman, etc.

J. D. McCoy, III, Asst. U. S. Atty., Greenville, S. C., Rosemary A. Denson, Atty., Torts Branch-Civ. Div., Dept. of Justice, Washington, D. C., Capt. Stan Barnett, Counsel Army Corps of Engineers, Charleston, S. C., for the U. S.

ORDER ON MOTION TO DISMISS

HEMPHILL, Senior District Judge.

The Government's motion to dismiss this action brought under the Federal Tort Claims Act1 raises essentially one issue: do the facts as alleged by plaintiff Hartman constitute a maritime tort cognizable exclusively within the admiralty jurisdiction2 of this Court? Because they do, this action is time-barred by reason of the applicable and...

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