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KINGTON v. UNITED STATES

No. 17949.

396 F.2d 9 (1968)

Helen Jenkins KINGTON, widow of Joe D. Kington, Jr., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

June 11, 1968.

Attorney(s) appearing for the Case

H. Calvin Walter, Knoxville, Tenn., Walter, Gilbertson & Claiborne, Knoxville, Tenn., of counsel, for plaintiff-appellant.

John C. Eldridge, Department of Justice, Washington, D. C., Carl Eardley, Acting Asst. Atty. Gen., Jack H. Weiner, Attorney, Department of Justice, Washington, D. C., J. H. Reddy, U. S. Atty., Knoxville, Tenn., on brief, for defendant-appellee.

Before WEICK, Chief Judge, EDWARDS, Circuit Judge, and CECIL, Senior Circuit Judge.

WEICK, Chief Judge.

The sole question in this appeal is whether an action for wrongful death under the Federal Tort Claims Act "accrues" upon the date of death so as to be barred unless commenced within the two-year period of limitation provided in 28 U.S.C. § 2401(b) in effect at that time. It is the claim of the plaintiff that the statute does not commence to run until the cause of death is known.

Plaintiff...

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