HALLOCK, FERNCLIFF ASSOC., INC. v. BONNER, 03-6221
An action brought under the Federal Tort Claims Act that is dismissed for lack of subject matter jurisdiction does not bar a subsequent suit involving the same subject matter.
- Decided 10/22/2004
- Published 10/25/2004
Before: MINER and RAGGI, Circuit Judges, and MARRERO, District Judge.
United States Second Circuit
Teal Luthy Miller, Attorney, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C. (Barbara L. Herwig, Attorney, Appellate Staff, Civil Division, United States Department of Justice, Peter D. Keisler, Assistant Attorney General, Civil Division, United States Department of Justice, and Glenn T. Suddaby, United States Attorney for the Northern District of New York, on the briefs), for Defendants-Appellants., Kenneth M. Sissel, Esq. (Janise L. Miller, on the brief), for Plaintiffs-Appellees.