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ANDEREGG v. UNITED STATES

No. 5811.

171 F.2d 127 (1948)

ANDEREGG v. UNITED STATES.

United States Court of Appeals Fourth Circuit.

November 30, 1948.

Attorney(s) appearing for the Case

Robert Lewis Young, of Richmond, Va. (W. N. Hannah, of Palmyra, Va., on the brief), for appellant.

John C. Harrington, Atty., Department of Justice, of Washington, D. C., and Robert N. Pollard, Jr., Asst. U. S. Atty, of Richmond, Va. (A. Devitt Vanech, Asst. Atty. Gen., George R. Humrickhouse, U. S. Atty., of Richmond, Va., and Roger P. Marquis, Atty., Department of Justice, of Washington, D. C., on the brief), for appellee.

Before PARKER, Chief Judge, and SOPER, Circuit Judge, and CHESNUT, District Judge.

PER CURIAM.

This is an appeal from a judgment for defendant in an action for damages under the Federal Tort Claims Act of August 2, 1946, 60 Stat. 842, 28 U.S.C.A. §§ 2671-2680. The action was instituted to recover for damage to property which occurred on January 2, 1945. It was not commenced until April 14, 1948, which was thus more than one year after either the accrual of the claim or the passage of the statute, which was too late. 28 U.S.C.A. §...

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