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LEHMAN v. U.S.

Nos. 97-15695, 97-16454.

154 F.3d 1010 (1998)

Judy LEHMAN, wife; Mark Lehman, husband, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. Judy LEHMAN, wife; Mark Lehman, husband, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 2, 1998.

Attorney(s) appearing for the Case

Frank M. Sandler, Solomon, Relihan & Blake, Phoenix, Arizona, for plaintiffs-appellants.

Richard G. Patrick, Assistant United States Attorney, Phoenix, Arizona, for defendant-appellee.

Before: BRUNETTI, TASHIMA, and GRABER, Circuit Judges.

GRABER, Circuit Judge:

This case involves issues of first impression for the Ninth Circuit regarding the interplay between two provisions of the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2401(b) and 2675(a).1 We hold that (1) a claimant's filing of an action pursuant to section 2675(a), before an agency issues a written notice of final denial, does not preclude the agency from later issuing a written notice of final denial...

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