Legal Opinion
Montez v. Department of the Navy
Court of Appeals for the Fifth Circuit
Decided November 30, 2004No. 03-10767PublishedCited by 154 opinions
1Opinion of the Court
BENAVIDES, Circuit Judge:
Plaintiffs-Appellants, Rita and Ronnie Whitt (the ‘Whitts”), appeal the district court’s dismissal of their Federal Tort Claims Act (“FTCA”) complaint against the Department of the Navy (the “Navy”) for lack of subject matter jurisdiction. 1 In this case, the parties dispute whether tort-feasor Emilio Partida was acting within the scope of his naval employment at the time of the accident that killed Kimberly Whitt. Ordinarily the district court can resolve factual disputes in determining jurisdiction pursuant to a Rule 12(b)(1) motion for dismissal. Here, however,…
2Cases cited11 opinions
- John D. Williamson, Plaintiffs-Appellants-Cross v. Gordon G. Tucker, Defendants-Appellees-CrossCourt of Appeals for the Fifth Circuit · 1981
- Land v. DollarSupreme Court of the United States · 1947
- Dolcie Lawrence v. Peter Dunbar, United States of AmericaCourt of Appeals for the Eleventh Circuit · 1990
- First National City Bank v. Banco Para El Comercio Exterior De CubaSupreme Court of the United States · 1983
- Richard Augustine v. United StatesCourt of Appeals for the Ninth Circuit · 1983
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3Cited by154 opinions
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