Porter v. United States

MEMORANDUM AND ORDER

DAVID S. PORTER, Senior District Judge:

This wrongful death case arises under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. (1981). The United States has moved, pursuant to Rule 12(b)(1), Fed. R.Civ.P., to dismiss the claims against it based upon the Court’s asserted lack of subject-matter jurisdiction (doc. 24); plaintiffs responded (doc. 26), and the government replied (doc. 28). We heard argument on the motion on May 2, 1985. Although, as developed below, we seriously question our jurisdiction based on procedural deficiencies with regard to the timing of the…