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RICARD v. BIRCH

No. 74-2377.

529 F.2d 214 (1975)

Irene RICARD, as Administratrix of the Estate of Larry Anthony Ricard, Deceased, and George E. Mosley, as Ancillary Administrator of the Estate of Larry Anthony Ricard, Appellants, v. Michael S. BIRCH, HG. Battery-First Battalion, Troop Marines, Camp Le-Jeune, North Carolina, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 4, 1975.

Attorney(s) appearing for the Case

Michael P. Flanagan, New Bern, N. C. (Ward, Tucker, Ward & Smith, New Bern, N. C., on brief), for appellee.

Richard E. Regan, Rochester, N. Y. (Moore, Diedrick & Whitaker, Rocky Mount, N. C., on brief), for appellants.

Before HAYNSWORTH, Chief Judge, ANDERSON, Senior Circuit Judge, and RUSSELL, Circuit Judge.

HAYNSWORTH, Chief Judge:

The plaintiff claims that the district court improperly dismissed this wrongful death action as barred by the statute of limitations. Because of the Tolling provision of the Soldiers' and Sailors' Relief Act, we agree.

Plaintiff, Ricard, is the New York administratrix of the estate of her son, who died on September 6, 1971, as a result of an automobile accident that occurred in Ethiopia on August 25, 1971. At the time of the accident...

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