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RICHTER v. UNITED STATES

No. 75-2651.

551 F.2d 1177 (1977)

Paul O. RICHTER, Daniel J. Ferguson, and Elsie Elizabeth Scofield, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

April 8, 1977.

Attorney(s) appearing for the Case

Francis F. Yunker, W. A. Franklin, argued, Franklin, Bennett, Ofelt & Jolles, P. C., Portland, Or., Sidney I. Lezak, U.S. Atty., Charles H. Turner, Asst. U.S. Atty., Portland, Or., for plaintiffs-appellants.

J. Charles Kruse, Civ. Div., U.S. Dept. of Justice, Washington, D.C., Wm. B. Borgeson, Portland, Or., Craig J. Casey, argued, for defendant-appellee.

Before KOELSCH, DUNIWAY and GOODWIN, Circuit Judges.

PER CURIAM:

The district court dismissed plaintiffs' action under the Federal Torts Claim Act, 28 U.S.C. § 1346(b) (1970), on the ground that it was barred by the two-year statute of limitations. 28 U.S.C. § 2401(b) (1970). They appeal. The facts which are alleged present a striking parallel to those found in Hammond v. United States, E.D.N.Y., 1975, 388 F.Supp. 928. We are not bound by that decision, but we are...

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