GUSTAVSON v. UNITED STATES

No. 80-1420.

655 F.2d 1034 (1981)

Mark S. GUSTAVSON, Personal Representative of the Estate of Terry Don Newcomb, Deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided August 6, 1981.


Attorney(s) appearing for the Case

Earl D. Tanner, Jr., Salt Lake City, Utah (Earl D. Tanner, Salt Lake City, Utah, with him on the briefs), for plaintiff-appellant.

Gordon W. Campbell, Asst. U. S. Atty., Salt Lake City, Utah (Ronald L. Rencher, U. S. Atty., Salt Lake City, Utah, with him on the briefs), for defendant-appellee.

Before LOGAN and BREITENSTEIN, Circuit Judges, and BROWN, District Judge.


LOGAN, Circuit Judge.

This appeal arises out of a suit brought under the Federal Tort Claims Act by Terry Don Newcomb and continued by the representative of his estate after Newcomb's death. The trial court granted summary judgment in favor of the United States, holding that the claim is barred by the statute of limitations. See 28 U.S.C. § 2401(b). On appeal Newcomb's representative seeks to avoid application of the limitations statute on the grounds...

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