Lumpkins v. United States

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-1410 PHILLIP LUMPKINS; MARLENE LUMPKINS, Plaintiffs - Appellants, versus UNITED STATES OF AMERICA,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, and 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 Affirmed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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 3