United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 96-3073 ___________

Martin H. Tonn, * * Appellant, * * Appeal from the United States v. * District Court for the * District of Minnesota. United States of America, * [UNPUBLISHED] * Appellee. *

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Submitted: March 3, 1997

Filed: March 10, 1997 ___________

Before BOWMAN, WOLLMAN, and BEAM, Circuit Judges. ___________

PER CURIAM.

Martin H. Tonn appeals the district court's1 Federal Rule of Civil Procedure 12(b)(1) dismissal of his due process claim against the United States for lack of subject matter jurisdiction. Having reviewed the record and the parties' briefs, we conclude that the judgment of the district court was correct. Accordingly, we affirm. See 8th Cir. R. 47B.

1 The Honorable Richard H. Kyle, United States District Judge for the District of Minnesota. A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.

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