John J. Cenna v. United States

OPINION OF THE COURT

SEITZ, Circuit Judge.

This is an appeal from a district court order dismissing appellant’s complaint for failure to state a claim cognizable under the Federal Tort Claims Act (28 U.S.C. § 1346(b)) and for lack of jurisdiction to entertain it under the Tucker Act (28 U.S.C. § 1346(a) (2)) because the claim is in excess of $10,000. Since the question on appeal is only whether, if appellant proves what he alleges to be true, he will state a valid claim cognizable in the district courts, we will assume for such purpose that the material allegations of the complaint are true.

Acco…