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HUFFMAN v. U.S.

No. 95-5234.

82 F.3d 703 (1996)

Thomas W. HUFFMAN, et al., Plaintiffs-Appellants, v. UNITED STATES of America; United States Postal Service, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided May 3, 1996.

Attorney(s) appearing for the Case

Michael P. DeBourbon (argued and briefed), Pruitt & DeBourbon, Pikeville, KY, for Thomas W. Huffman, Deborah Huffman.

Thomas Lee Gentry, Asst. U.S. Atty., Office of the U.S. Attorney, Lexington, KY, Lori J. Dym (argued and briefed), U.S. Postal Service, Law Dept., Washington, DC, for U.S., U.S. Postal Service.

Before: KENNEDY and COLE, Circuit Judges; COHN, District Judge.

KENNEDY, Circuit Judge.

Plaintiffs appeal from an order granting summary judgment to the United States in their suit under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 2674, claiming that noise emitting from a United States Post Office constitutes a nuisance under Kentucky law. The District Court held that plaintiffs' claim was barred by the FTCA statute of limitations. For the following reasons, we REVERSE.

I.

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