James O'BOyle v. United States of America, Frank Orth & Associates

DYER, Senior Circuit Judge:

O’Boyle appeals the dismissal of his amended complaint against the United States for lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted, pursuant to Fed.R.Civ.P. 12(b)(1) and (6). In his amended complaint, he alleged that he was injured as a result of his slip and fall on a Japanese fishing vessel. He sought relief under the Jones Act, 46 U.S.C.App. § 688 and the Federal Employees Compensation Act, 5 U.S.C. §§ 8101-8193 (FECA), and made claims for maintenance and cure, wages and travel expenses, negligence and emotional…