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40.

Venue -- United States as Defendant

Little Tucker Act suits, brought against the United States pursuant to 28 U.S.C. § 1346(a)(2), must be filed in the jurisdiction where the plaintiff resides. See 28 U.S.C. § 1402. In the case of a corporation, its residence is the state of its incorporation. See Suttle v. Reich Bros. Const. Co., 333 U.S. 163, 166 (1948). Federal Tort Claims Act suits are to be brought in the judicial district in which the plaintiff resides, or wherein the act or omission complained of occurred. See 28 U.S.C. § 1402(b). Public Vessels Act suits brought against the United States must be filed in the district in which the vessel is located as of the date suit is filed. If the vessel is located outside the territorial waters of the United States, suit may be brought in the judicial district in which the plaintiff resides or in which the cause of action arose. See 46 U.S.C. § 782.

[cited in USAM 4-2.200]