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AVRIL v. UNITED STATES

No. 26593.

461 F.2d 1090 (1972)

Michael Alan AVRIL and Gloria Melanie McMullen, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 6, 1972.

Attorney(s) appearing for the Case

Thomas J. Jeffers, Jr. (argued), Montrose, Cal., for plaintiffs-appellants.

David H. Anderson, Asst. U.S. Atty. (argued), Frederick M. Brosio, Jr., Asst. U.S. Atty., William D. Keller, U.S. Atty., Los Angeles, Cal., for defenant-appellee.

Before BARNES and GOODWIN, Circuit Judges, and SCHNACKE, District Judge.

SCHNACKE, District Judge:

Appellants brought suit under the Federal Tort Claims Act for damages allegedly sustained when a Post Office vehicle negligently collided with a motorcycle owned and driven by Avril on which McMullen was a passenger. Their amended complaint, which is the one before us, alleges the filing by each of claims under 28 U.S.C. § 2675(a) with officials of the then Post Office Department and the expiration...

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