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SMITH v. UNITED STATES

No. 78-1488.

588 F.2d 1209 (1978)

Bernard SMITH and Patrick B. Smith, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 20, 1978.

Attorney(s) appearing for the Case

Stuart E. Gale, Bloomington, Minn., for appellants.

Andrew W. Danielson, U. S. Atty., and Stephen G. Palmer, Asst. U. S. Atty., Minneapolis, Minn., for appellee.

Before HEANEY, ROSS and McMILLIAN, Circuit Judges.

PER CURIAM.

Plaintiffs Patrick B. Smith and Bernard Smith appeal from a judgment entered in the District Court for the District of Minnesota* dismissing their action for failure to state a claim upon which relief can be granted. For reversal plaintiffs argue the district court erred in determining plaintiffs' claim to be a tort claim and thus barred by the applicable statute of limitations, 28 U.S.C. § 2401(b).

For the reasons...

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