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AVERY v. UNITED STATES

Nos. 81-3119, 81-4073.

680 F.2d 608 (1982)

Clayton AVERY, Jr., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. Abel ROCHA, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 29, 1982.

Rehearing and Rehearing Denied September 28, 1982.

Attorney(s) appearing for the Case

Paul O'Neil, Schroeter, Goldmark & Bender, P. S., Seattle, Wash., for Avery.

Dennis R. Lods, Boxer & Elkind, Oakland, Cal., for Rocha.

William H. Rubidge, Asst. U.S. Atty., Tacoma, Wash., for U.S.

Before KENNEDY, FARRIS, and NORRIS, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 28, 1982.

KENNEDY, Circuit Judge:

Suit against the Government under the Federal Tort Claims Act, June 25, 1948, ch. 646, as amended by Pub.L. 89-506, 80 Stat. 306 (1966), codified at 28 U.S.C. §§ 1346(b), 2671-80 (1976), is not permitted unless a claim has first been filed with the agency; suit may begin when the agency denies the claim or has failed to act upon it for six months. 28 U.S.C. §...

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