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MILLER v. U.S.

No. 93-3774.

42 F.3d 297 (1995)

Leonce J. MILLER, III, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 13, 1995.

Attorney(s) appearing for the Case

R. Keith Jarrett, Carol L. Welborn, Liskow & Lewis, New Orleans, LA, for appellant.

Robert J. Boitmann, U.S. Atty., New Orleans, LA, Matthew A. Connelly, William T. Storz, David V. Hutchinson, Dept. of Justice, Torts Branch, Washington, DC, for appellee.

Before JONES and DeMOSS, Circuit Judges, and BUNTON, District Judge:

BUNTON, District Judge.

Leonce Miller appeals the district court's dismissal of his negligence action against the United States, claiming the court's finding that his injuries arose during the course of activity incident to his military service was erroneous as a matter of law. Because we agree with the district court's conclusion that it lacked subject matter jurisdiction over Miller's claims, we affirm the dismissal.

I. Facts

Miller received an...

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