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Richter v. United States

United States Court of Appeals, Ninth Circuit
Apr 8, 1977
551 F.2d 1177 (9th Cir. 1977)

Opinion

No. 75-2651.

April 8, 1977.

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.

Appeal from the United States District Court for the District of Oregon; Robert C. Belloni, Judge.

Before KOELSCH, DUNIWAY and GOODWIN, Circuit Judges.


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 convinced that Judge Platt's careful opinion in that case is correct and we affirm on the basis of his reasoning. See also, Brown v. United States, 9 Cir., 1965, 353 F.2d 578.

Affirmed.


Summaries of

Richter v. United States

United States Court of Appeals, Ninth Circuit
Apr 8, 1977
551 F.2d 1177 (9th Cir. 1977)
Case details for

Richter v. United States

Case Details

Full title:PAUL O. RICHTER, DANIEL J. FERGUSON, AND ELSIE ELIZABETH SCOFIELD…

Court:United States Court of Appeals, Ninth Circuit

Date published: Apr 8, 1977

Citations

551 F.2d 1177 (9th Cir. 1977)

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