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OCHRAN v. U.S.

No. 00-16409.

273 F.3d 1315 (2001)

Michelle OCHRAN, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 28, 2001.

Attorney(s) appearing for the Case

Jay F. Meisenberg, Leoci & Meisenberg, P.A., Ft. Myers, FL, for Plaintiff-Appellant.

Alisa B. Klein, Mark B. Stern, U.S. Dept. of Justice, App. Staff, Civ. Div., Washington, DC, for Defendant-Appellee.

Before BIRCH, DUBINA and COX, Circuit Judges.

BIRCH, Circuit Judge:

In this appeal, we evaluate whether the district court had subject matter jurisdiction to hear Michelle Ochran's tort claim against the Government, filed pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 2671 et seq. The district court found sovereign immunity based on the misrepresentation exception of the FTCA, and granted summary judgment. Ochran appeals. We conclude that summary judgment for the defendant was appropriate...

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