FISK v. UNITED STATES

No. 80-1620.

657 F.2d 167 (1981)

Mary E. FISK, Special Administratrix of the Estate of Clarence J. Fisk, Deceased, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 21, 1981.


Attorney(s) appearing for the Case

Mary L. McElroy, Dept. of Justice, Torts Branch, Washington, D. C., for defendant-appellant.

F. Boyd Hovde, Indianapolis, Ind., for plaintiff-appellee.

Before PELL and WOOD, Circuit Judges, and BONSAL, Senior District Judge.


PELL, Circuit Judge.

The question presented by this appeal is whether a wrongful death claim brought pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b) (1976), is barred by the two-year statute of limitations set forth at 28 U.S.C. § 2401(b), when more than two years have elapsed since the accrual of a personal injury claim for the wrongful act which caused the death, but less than two years have elapsed since the date of death.

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