Avis E. Swift, Etc. v. United States

COFFIN, Chief Judge.

This is an appeal from the district court’s dismissal of plaintiff’s two million dollar action against the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq., for the wrongful death of her husband and for loss of consortium. The district court found that plaintiff prematurely had filed suit prior to the appropriate agency’s final disposition of her administrative claim, a necessary prerequisite to filing an action under the Federal Tort Claims Act, 28 U.S.C. § 2675(a). 1 We affirm.

The facts are fully set forth in the district court’s…