UNITED STATES v. STUDIVANT

No. 74-2130.

529 F.2d 673 (1976)

UNITED STATES of America, Appellant, v. Franklin STUDIVANT et al., Appellees.

United States Court of Appeals, Third Circuit.

Decided January 22, 1976.


Attorney(s) appearing for the Case

Jonathan L. Goldstein, U. S. Atty., William Kanter, William L. Patton, Thomas S. Moore, Robert S. Greenspan, Dept. of Justice, Washington, D. C., for appellant.

Phillip J. Boscarell, Jr., Lewis, Siegal, Wood & Needel, Trenton, N. J., for appellees.

Before GIBBONS, BIGGS and WEIS, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

The question presented here is whether the United States is bound by the provision of a state statute which requires that those claiming benefits under the Act shall file a notice of intent within a specified time. The district court held that the time requirement was not a statute of limitations and that the federal government must abide by the notice provision. We agree and affirm.

The appeal is from an...

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