Legal Opinion

Phyllis Schmidt and Earl Schmidt v. United States

Court of Appeals for the Eighth Circuit

Decided June 8, 1990No. 89-1328PublishedCited by 11 opinions

1Opinion of the Court

HEANEY, Senior Circuit Judge.

Phyllis and Earl Schmidt appeal from the order of the district court dismissing their complaint under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680 (1982) (FTCA), for lack of subject matter jurisdiction. We affirm.

BACKGROUND

On December 20,1983, air traffic controllers cleared an Ozark Airline plane to land in Sioux Falls, South Dakota. Phyllis Schmidt, a flight attendant on the plane, was injured when the plane struck a snow removal vehicle after landing on the runway. The Schmidts filed an administrative claim for damages with the Federal Aviation…

2Cases cited4 opinions

  1. Irvin H. Hilliard v. United States Postal ServiceCourt of Appeals for the Sixth Circuit · 1987
  2. Raymond Foxgord, Individually and as Trustee of the Foxgord Trust, Cecilia Foxgord v. Baron Herbert HischemoellerCourt of Appeals for the Ninth Circuit · 1987
  3. Donald W. Powers v. United StatesCourt of Appeals for the Ninth Circuit · 1968
  4. Butts Feed Lots, Inc., a Corporation v. United StatesCourt of Appeals for the Eighth Circuit · 1982

3Cited by11 opinions

  1. Keene Corp. v. CassCourt of Appeals for the Eighth Circuit · 1990
  2. William F. Glarner v. United States of America, Department of Veterans AdministrationCourt of Appeals for the Sixth Circuit · 1994
  3. Phyllis Schmidt and Earl Schmidt v. United StatesCourt of Appeals for the Eighth Circuit · 1991
  4. In Re GoetzmanCourt of Appeals for the Eighth Circuit · 1996
  5. Heinrich v. SweetDistrict Court, D. Massachusetts · 1999

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