United States Fifth Circuit
MONTEZ v. DEP'T OF THE NAVY, 03-10767
Dismissal of plaintiff's Federal Tort Claims Act complaint, for lack of jurisdiction, is reversed where the district court improperly resolved disputed facts that were determinative of both the federal jurisdiction question and the underlying federal cause of action.
Appellate Information
- Decided 11/30/2004
- Published 12/01/2004
Judges
- BENAVIDES, Circuit Judge:, Before BENAVIDES, STEWART and CLEMENT, Circuit Judges.
Court
- United States Fifth Circuit
Counsel
- For Appellant:
- Donald Torrence Fulton (argued), Law Offices of Donald T. Fulton, Fort Worth, TX, for Plaintiffs-Appellants.
- For Appellees:
- William J. Andersen, Asst. U.S. Atty. (argued), Fort Worth, TX, for Defendant-Appellee.