Carlos Matienzo Roman v. Mariano Acosta Velarde

ALDRICH, Chief Judge.

This action, which might seem to be barred by the statute of limitations, 1 poses a question of subject matter jurisdiction because the district court dismissed on that ground without reaching the limitations issue. Plaintiffs sue the government under the Federal Tort Claims Act for damages on account of its occupation, under an allegedly invalid deed, of certain land claimed to belong to them. 2 From the court’s holding that the government had not consented under the FTCA to suit, and consequent dismissal of the complaint, plaintiffs appeal. Concededly the district court…