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DAHL v. U.S.

No. 01-4174.

319 F.3d 1226 (2003)

Rulon W. DAHL, Tech Minerals, Inc., Mark R. Dahl, Paula Knight, Scot G. Dahl, Carolyn Mather, Donna M. Dahl, and Commercial Interiors Construction, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 11, 2003.

Attorney(s) appearing for the Case

Stephen Kent Christiansen (Thomas W. Clawson, with him on the briefs), of Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, UT, for Plaintiffs-Appellants.

Steve Frank, Attorney, Appellate Staff, Civil Division, Department of Justice, Washington, D.C. (Robert D. McCallum, Jr., Assistant Attorney General, Paul M. Warner, United States Attorney, Salt Lake City, UH, and Leonard Schaitman, Attorney, Appellate Staff, Civil Division, Department of Justice, Washington, D.C., with him on the brief), for Defendant-Appellee.

Before HARTZ, ALDISERT and PORFILIO, Circuit Judges.

HARTZ, Circuit Judge.

Plaintiffs brought suit against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674, alleging that the United States Bureau of Land Management (BLM) wrongfully destroyed a stockpile of mineral ore on their mining claim. The district court dismissed their FTCA claim on the ground that they had failed to present the claim to the BLM within the two-year limitations period set forth in 28 U.S.C. § 2401(b). We have...

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