Dewey Brown, as the Personal Representative of the Estate of Charlie Brown v. United States

In this wrongful death suit against the United States, the district court found liability and awarded damages in the amount of $49,328.50. On appeal, the United States argues that the district court lacked subject matter jurisdiction because the claimant failed properly to exhaust administrative remedies as required by 28 U.S.C. § 2675(a) (1982). Alternatively, the United States argues that it is entitled to a setoff equal to the amount received by the claimant in settlement of a state court suit involving different defendants but the same wrongful death. We find merit to the United States’…