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ALLEN v. UNITED STATES

No. 18749.

338 F.2d 160 (1964)

Earline ALLEN, as Administratrix of the estate of Jessie Delton Allen, deceased, and Earline Allen, individually, Appellant, v. The UNITED STATES of America, a sovereign nation, Appellee.

United States Court of Appeals Ninth Circuit.

November 5, 1964.

Attorney(s) appearing for the Case

Martin J. Jarvis and Marvin Stender, San Francisco, Cal., for appellant.

Cecil F. Poole, U. S. Atty., Keith R. Ferguson, Sp. Asst. to Atty. Gen., Paul G. Sterling, Sp. Atty., Admiralty & Shipping Section, Dept. of Justice, San Francisco, Cal., Graydon S. Staring, Lillick, Geary, Wheat, Adams & Charles, San Francisco, Cal., for appellee.

Before HAMLEY, JERTBERG and BROWNING, Circuit Judges.

JERTBERG, Circuit Judge.

On July 19, 1963, the District Court ordered the dismissal of appellant's libel against the United States, upon the ground that the libel was not filed within the limitation period prescribed by Section 340(3) of the Code of Civil Procedure of the State of California.1

Appellant filed a timely appeal from such order. This court has jurisdiction to review such order pursuant to 28 U.S.C. § 1291.

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