HUNGERFORD v. UNITED STATES

No. 17514.

307 F.2d 99 (1962)

Victor M. HUNGERFORD, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

August 8, 1962.


Attorney(s) appearing for the Case

Belli, Ashe & Garry and Jay Powell, San Francisco, Cal., for appellant.

William H. Orrick, Jr., Asst. Atty. Gen., Cecil F. Poole, U. S. Atty., John G. Laughlin and Jerry C. Straus, Attys., Dept. of Justice, Washington, D. C., for appellee.

Before HAMLEY, HAMLIN and DUNIWAY, Circuit Judges.


HAMLEY, Circuit Judge.

Plaintiff appeals from a judgment dismissing this action for damages brought against the United States under the Federal Tort Claims Act (Act), 28 U.S.C. §§ 1346(b), 2674.

The action was dismissed before trial on two grounds: (1) the suit was not begun within two years after the alleged claim accrued and was therefore barred under 28 U.S.C. § 2401(b); and (2) the claim arose out of an alleged misrepresentation and, therefore...

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