Spawr v. United States

TANG, Circuit Judge:

The Spawrs appeal from the dismissal for lack of subject matter jurisdiction of their damages claim under the Federal Torts Claim Act, 28 U.S.C. §§ 1346, 2671-2680 (1982). The Spawrs filed their claim in district court seeking damages for suspension of their export privileges by the Department of Commerce. The court dismissed the claim because the Spawrs had not first filed an administrative claim with the Department as required by the F.T.C.A. We affirm.

This court reviews a dismissal for lack of jurisdiction de novo because the construction of a statute granting…