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POINDEXTER v. UNITED STATES

Nos. 79-3447, 80-5427.

647 F.2d 34 (1981)

Evelyn A. POINDEXTER et al., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. Jon F. GOULDING, Plaintiff-Appellant v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 1, 1981.

As Amended June 29, 1981.

Attorney(s) appearing for the Case

Kenneth P. Clancy, Phoenix, Ariz., John R. Perry, Jr., Prescott, Ariz., argued for plaintiffs-appellants; Burton J. Kinerk, Haralson, Kinerk & Morey, Tucson, Ariz., on brief.

Michael A Johns, Elizabeth G. Jucius, Asst. U. S. Attys., Phoenix, Ariz., for defendant-appellee.

Before SKOPIL and ALARCON, Circuit Judges, and BONSAL, District Judge.

SKOPIL, Circuit Judge:

INTRODUCTION

These two cases involve appeals from judgments in favor of the Government under the Federal Tort Claims Act (FTCA). In each case an administrative claim was filed more than one year but less than two years after the injury. The district court held in each case that the claim was barred by Ariz.Rev.Stat. § 23-1023 B, which precludes an injured worker who receives worker's compensation benefits from filing a suit against...

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