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REY v. UNITED STATES

No.73-1283. Summary Calendar.

484 F.2d 45 (1973)

Joseph J. REY et al., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 11, 1973.

Attorney(s) appearing for the Case

Joseph J. Rey, El Paso, Tex., for plaintiffs-appellants.

William S. Sessions, U. S. Atty., Edward S. Marquez, Asst. U. S. Atty., El Paso, Tex., Morton Hollander, Dept. of Justice, Washington, D. C., for defendant-appellee.

Before JOHN R. BROWN, Chief Judge, and DYER and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

Joseph J. Rey, Edna H. Rey, and C. Richard Tinguely appeal from the dismissal, as statutorily barred, of their complaint against the United States under the Federal Tort Claims Act, Title 28, U.S.C., Sections 1346(b), 2671 through 2680. Accepting, as we must, e. g., John Walker & Sons v. Tampa Cigar Co., 5 Cir. 1952, 197 F.2d 72, the truth of plaintiffs-appellants' allegations, we note the following sequence...

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