Johns-Manville Sales Corp. v. United States
Opinion of the Court
Johns-Manville Sales Corporation
We affirm the district court's dismissal of all claims of the complaint for lack of subject matter jurisdiction. The Federal Tort Claims Act is an historic departure from the rule of sovereign immunity and the administrative claims procedures, specified in that Act, have not been exhausted in this case. Appellant has sued the United States directly; these are not claims asserted by third party complaint, cross-claim, or counterclaim. The claims procedure is thus prerequisite to a proper exercise of district court jurisdiction.
We do not hold that Johns-Manville can never recover anything; we express no views as to that. Whatever right JohnsManville may have against the United States, we hold: not yet.
Affirmed.
. Based on representations of counsel that federal judicial records would show that JohnsManville Sales Corporation is one of several subsidiaries of the Manville Corporation, that both Johns-Manville Sales Corporation and the Manville Corporation are in Chapter 11 bankruptcy proceedings, that they are debtors in possession, and that certain stay orders do not preclude the debtors in possession from proceeding to collect their assets, it is the implied holding of this opinion that Johns-Manville Corporation is entitled to be heard, no trustee yet having been appointed.
Reference
- Full Case Name
- JOHNS-MANVILLE SALES CORPORATION, (Debtor in Possession, Bankruptcy Chapter XI) v. UNITED STATES of America, Captain A. J. Gildea, U. S. Navy, Commander, Long Beach Naval Shipyard
- Cited By
- 3 cases
- Status
- Published