DYNIEWICZ v. UNITED STATES

No. 83-2399.

742 F.2d 484 (1984)

Casimir W. DYNIEWICZ, as Personal Representative of the Estates of Mark Dyniewicz, deceased, and Carol Dyniewicz, deceased, and Harold Freitag, as Guardian of Jennie Dyniewicz, Missy Dyniewicz, Kelly Dyniewicz, Mark Dyniewicz, and Michael Dyniewicz, minors, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 7, 1984.

As Amended October 18, 1984.


Attorney(s) appearing for the Case

Ronal G.S. Au, Wayne H. Mukaida, Connie G.W. Meredith, Honolulu, Hawaii, for plaintiffs-appellants.

Mark J. Bennett, Asst. U.S. Atty., Honolulu, Hawaii, for defendant-appellee.

Before CHOY, GOODWIN, and KENNEDY, Circuit Judges.


KENNEDY, Circuit Judge:

Under the Federal Tort Claims Act a claim must be filed with the appropriate federal agency within two years of its accrual and suit must be commenced within six months of the agency's denial of the claim. 28 U.S.C. § 2401(b). At issue here is the procedure necessary for an agency to deny a claim and whether this particular action is time barred if the agency followed improper procedures. The district court dismissed the action after finding...

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