Legal Opinion
Julie A. Bozeman, as Administratrix of the Goods, Chattels and Credits of Johnny R. Bozeman, Deceased v. United States
Court of Appeals for the Second Circuit
Decided December 17, 1985No. 233, Docket 85-6131PublishedCited by 40 opinions
1Opinion of the Court
MESKILL, Circuit Judge:
Mrs. Bozeman appeals the order of the United States District Court for the Western District of New York, Telesca, J., granting defendant’s motion under Fed.R.Civ.P. 12(b)(6) and dismissing her claim for relief under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. (1982) (FTCA), on the ground that it was barred by the doctrine of Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950).
The court below had jurisdiction under 28 U.S.C. § 1346(b) (1982) to entertain the complaint. This Court has jurisdiction of the appeal under 28 U.S.C. § 1291 (1982).…
2Cases cited18 opinions
- Feres v. United StatesSupreme Court of the United States · 1950
- United States v. Standard Oil Co. Of CaliforniaSupreme Court of the United States · 1947
- United States v. ShearerSupreme Court of the United States · 1985
- Stencel Aero Engineering Corp. v. United StatesSupreme Court of the United States · 1977
- Freddie L. Johnson and Clara Johnson, Husband and Wife, and Cross v. United States of America, and Cross-Appellee v. Timothy B. Hay, Third PartyCourt of Appeals for the Third Circuit · 1983
13 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Frank X. Losacco v. City of Middletown, Sebastian J. Garafalo, George Aylward, Joseph Bibisi, John Chowaniec, and Relford WardCourt of Appeals for the Second Circuit · 1995
- Lion Raisins, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2005
- Pringle v. United StatesCourt of Appeals for the Tenth Circuit · 2000
- Scott A. Taber v. Robert S. Maine, and United States of AmericaCourt of Appeals for the Second Circuit · 1995
- In Re "Agent Orange" Product Liability Litigation. Philip J. Aguiar, Each of Said Individually and as Representative of All Those Similarly Situated v. United States of America, and Other Departments and Agencies of the United States Government, as Their Several Interests May Appear, and Successors to the Above Officials, as Necessary, Dan Ford, and His Wife, Christina Ford Individually, and as Members and Representative of a Class v. United States of America, Daniel C. Batts v. United States of America, Loughery v. United States of AmericaCourt of Appeals for the Second Circuit · 1987
35 more not listed; retrieve them via the Exa API.