Harry B. Saxton and Ruth B. Saxton v. United States

Plaintiffs’ claim for damages was brought against the United States under the Federal Torts Claims Act, 28 U.S.C. §§ 2671-2680 and jurisdiction al leged under § 1346(b). At the close of the evidence the district court entered a judgment in favor of the government and the plaintiffs appealed. We affirm the judgment in favor of the United States, although we do not pass on the merits reached by the trial court. We find it patently clear that plaintiffs have failed to plead facts which provide a proper claim for relief against the United States under the Federal Torts Claims Act.

Plaintiffs…