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SIMON v. UNITED STATES

No. 16504.

244 F.2d 703 (1957)

Lewis SIMON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

May 17, 1957.

Attorney(s) appearing for the Case

Sanders, Thurmond & Hester, Carl E. Sanders, Augusta, Ga., for appellant.

William C. Calhoun, U. S. Atty., Augusta, Ga., for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and JONES, Circuit Judges.

HUTCHESON, Chief Judge.

This appeal presents a single question for decision. It is whether, filed October 12, 1956, under the Federal Tort Claims Act, for damages sustained in an automobile collision on October 19, 1951, the action was filed too late.

The claim was that: though Section 2401(b)1 of Title 28, conditions the consent of the United States to be sued in tort upon the bringing of the action within two years after the...

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