Phyllis Schmidt and Earl Schmidt v. United States

HEANEY, Senior Circuit Judge.

On plaintiffs’ petition for writ of certio-rari, the United States Supreme Court vacated this panel’s opinion in Schmidt v. United States, 901 F.2d 680 (8th Cir.1990). The Supreme Court remanded this case for further consideration in light of Irwin v. Veterans Administration, 498 U.S. -, 111 S.Ct. 453, 112 L.Ed.2d 435 (1990). Schmidt v. United States, — U.S. -, 111 S.Ct. 944, 112 L.Ed.2d 1033. We now reverse the order of the district court dismissing the Schmidts’ complaint for lack of subject matter jurisdiction and remand this case for trial on the merits of the…