Lumpkins v. United States

• Court: Court of Appeals for the Fourth Circuit
• Decided: October 24, 2003
• Docket: 03-1410
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-1410

PHILLIP LUMPKINS; MARLENE LUMPKINS,

Plaintiffs - Appellants,

versus

UNITED STATES OF AMERICA,

Defendant - Appellee,

and

SOUTHERN INSULATION, INCORPORATED; MISCELLANEOUS METALS, INCORPORATED; LVI ENVIROMENTAL SERVICES OF MARYLAND, INCORPORATED; LVI ENVIROMENTAL SERVICES OF FLORIDA, INCORPORATED,

Defendants,

HILL INTERNATIONAL, INCORPORATED,

Third Party Plaintiff,

W.M. SCHLOSSER COMPANY, INCORPORATED,

Third Party Defendant. Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, District Judge. (CA- 01-2730-CCB)

Submitted: October 3, 2003 Decided: October 24, 2003

Before WILKINSON, KING, and TRAXLER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

William F. Mulroney, Patrick M. Wysong, ASHCRAFT & GEREL, L.L.P., Baltimore, Maryland, for Appellant. Thomas M. DiBiagio, United States Attorney, Thomas F. Corcoran, Assistant United States Attorney, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

2 PER CURIAM:

Phillip and Marlene Lumpkins appeal the district court’s order

granting the United States’ motion to dismiss their action under

the Federal Tort Claims Act for lack of jurisdiction under Fed. R.

Civ. P. 12(b)(1). We have reviewed the record and find no

reversible error. Accordingly, we affirm for the reasons stated by

the district court. See Lumpkins v. United States, No. CA-01-2730-

CCB (D. Md. filed Aug. 7, 2002 & entered Aug. 8, 2002). We dispense

with oral argument because the facts and legal contentions are

adequately presented in the materials before the court and argument

would not aid the decisional process.

AFFIRMED