James E. McCormick and Carol Ann McCormick Etc. v. United States

THOMAS A. CLARK, Circuit Judge:

This appeal presents a conflict in the applicability of two statutes providing for a waiver of the Federal Government’s sovereign immunity under differing terms, the differences of which control the outcome of the case. The statutes differ in pertinent part in their respective limitations and administrative exhaustion provisions. The appellants brought their suit below under the Federal Tort Claims Act (the “FTCA”), 28 U.S.C. §§ 1346(b), 2671-2680. The Government won dismissal on the ground that suit had to be maintained, if at all, under the Suits in Admiralty…