Legal Opinion

Nutt v. United States

United States Court of Federal Claims

Decided June 4, 2015No. 14-282 CPublishedCited by 2 opinions

1Opinion of the Court

Breach of Contract;' Federal Tort Claims Act, 28 U.S.C. § 2671 et seq.; Military Claims Act, 10 U.S.C. § 2731 et seq.; Summary Judgment, RCFC 56.

MEMORANDUM OPINION AND FINAL ORDER

BRADEN, Judge.

I. RELEVANT FACTUAL BACKGROUND. 1

On September 27, 1983, James Nutt, Sr. was killed when his vehicle was struck by a United States Army truck driven by a drunk Army employee. Am. Compl. ¶ 1. James Nutt, Sr. was survived by his wife and son, Cynthia Nutt and James Nutt, Jr. Am. Compl. ¶ 3.

On February 23, 1984, Plaintiffs filed a Form 95 Notice Of Claim, “pursuant to the Federal Tort Claims Act, 28 U.S.C.…

2Cases cited30 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  3. Scott v. HarrisSupreme Court of the United States · 2007
  4. Warth v. SeldinSupreme Court of the United States · 1975
  5. United States v. Diebold, Inc.Supreme Court of the United States · 1962

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3Cited by2 opinions

  1. Nutt v. United StatesCourt of Appeals for the Federal Circuit · 2016
  2. Shaw v. United StatesUnited States Court of Federal Claims · 2017

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