USCA1 Opinion

October 2, 1992

[NOT FOR PUBLICATION]

____________________
No. 92-1300
RONALD MULLENS, ET AL.,
Plaintiffs, Appellants,
v.
UNITED STATES OF AMERICA,
Defendant, Appellee.
___________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE
[Hon. Morton A. Brody, U.S. District Judge]
___________________
____________________
Before
Breyer, Chief Judge,
___________
Torruella and Selya, Circuit Judges.
______________
____________________
Terrence M. Narrigan, with whom
______________________
Kominsky, were on brief for appellants.
________

Vafiades, Brountas &

______________________

Mark W. Pennak, with whom Stuart M. Gerson, Assistant

________________
_________________
Attorney General, and Richard S. Cohen, United States Attorney,
________________
were on brief for appellee.

____________________
____________________

Per Curiam.
__________
from the
allege

In June, 1988,

Farmers' Home
that (1)

Subpart A,

Administration (the "FHA").

under 42

the FHA had

U.S.C.

a duty to

lead paint and to notify appellants

the FHA failed to do

appellants bought a

so.

home

Appellants

4822 et seq. and

________

7 C.F.R.

inspect appellants' home

for

if any existed; and (2) that

They further allege that as

a result,

their daughter ingested lead paint in the home, and consequently,

suffered from lead poisoning.
Claims Act
brought

Pursuant

(the "FTCA"), 28 U.S.C.

suit

against

the

to

the

Federal

2671, et seq.,
_______

FHA claiming,

among

Tort

appellants

other

things,

negligence
granted

and negligent misrepresentation.

the FHA's motion to

jurisdiction.

dismiss for lack

However,

claims

on the federal

certain tort claims against

it

excludes

misrepresentation."
district

of subject matter

We affirm that decision.

The FTCA confers jurisdiction

courts over

The district court

courts
against

Neustadt, 366
________

28

have
the

"any
U.S.C.

district

the federal government.

claim

arising

2680(h).

Thus,

out

of

the federal

no

jurisdiction

over

misrepresentation

United

States.

Under

United States v.
______________

U.S. 696,

703-04 (1960)

(quoting Hall
____

States, 274 F.2d 69, 71 (10th Cir. 1959)),

______

v. United
______

the misrepresentation

exclusion includes negligent misrepresentations.

Appellants
to warn them about

essentially claimed that

the lead paint in

their home was

Their harm arose because they relied on the

that the lead paint existed.

the FHA's failure

negligent.

absence of a warning

Although appellants presented these

-2-

allegations

as

negligence

claim, in

substance,

they

have

alleged a negligent misrepresentation

at

706.

Thus,

the

district

jurisdiction.
Affirmed.
________

-3-

court

claim.
had

Neustadt, 366 U.S.

________
no

subject

matter