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SPAULDING v. UNITED STATES

Civ. No. 85-0009-B.

621 F.Supp. 1150 (1985)

Everett R. SPAULDING, Sr., Personal Representative of the Estate of Russell B. Spaulding, Plaintiff, v. The UNITED STATES of America, Defendant.

United States District Court, D. Maine.

November 18, 1985.

Attorney(s) appearing for the Case

Jed Davis, Augusta, Me., for plaintiff.

Paula D. Silsby, Asst. U.S. Atty., Portland, Me., for defendant.

MEMORANDUM AND ORDER DISMISSING COMPLAINT

CYR, Chief Judge.

Plaintiff brings this action under the Federal Tort Claims Act [FTCA], 28 U.S.C. §§ 1346(b), 2671-2680 (1982), alleging that the Government's negligence caused the death of his son. The Government moves to dismiss for lack of subject matter jurisdiction. Fed.R.Civ.P. 12(b)(1).

The court assumes the truth of the following facts alleged in plaintiff's complaint. Plaintiff's decedent...

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