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202697P.pdf   06/30/2021  Cassondra King  v.  United States
   U.S. Court of Appeals Case No:  20-2697
   U.S. District Court for the Eastern District of Missouri - St. Louis   
[PUBLISHED] [Kelly, Author, with Grasz and Kobes, Circuit Judges] Civil case - Federal Tort Claims Act. Department of Justice regulations specifically contemplate Ms. Mullen, the personal representative of the deceased's estate appointed under Missouri law, may present an administrative wrongful death claim even it she is not authorized to bring an FTCA claim in that same capacity; given the plain reading of the FTCA and the corresponding regulations, Ms. Mullen, as the personal representative, had the requisite authority to present a wrongful death claim to the VA, and plaintiff King's FTCA claim was administratively exhausted by the denial of Ms. Mullen's claim; as a result, the district court had subject matter jurisdiction over King's FTCA action, and erred in dismissing the case; remanded for further proceedings.