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POWERS v. UNITED STATES

No. 21397.

390 F.2d 602 (1968)

Donald W. POWERS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

February 12, 1968.

Attorney(s) appearing for the Case

Stewart Weinberg (argued), of Levy, DeRoy, Geffner & Van Bourg, San Francisco, Cal., for appellant.

Robert Zener, Atty., Dept. of Justice (argued), Barefoot Sanders, Asst. Atty. Gen., Civil Division, Richard Salzman, Morton Hollander, Attys., Dept. of Justice, Washington, D. C., John F. Meadows, Adm. & Shipping, Cecil F. Poole, U. S. Atty., Carl Eardley, Acting Asst. Atty. Gen., San Francisco, Cal., for appellee.

Before BROWNING and ELY, Circuit Judges, and THOMPSON, District Judge.

ELY, Circuit Judge:

Powers appeals from the District Court's dismissal of his suit against the United States. The dismissal resulted from the District Court's conclusion that the action was barred by lapse of time.

The facts are undisputed. They are shown by Powers' complaint and by photostatic copies of documents which were attached to the Government's motion to dismiss the action. Powers filed his complaint on January 4, 1966. Invoking the provisions of...

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