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McDUFFEE v. UNITED STATES

No. 84-2543.

769 F.2d 492 (1985)

Virginia McDUFFEE, et al., Appellees, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 2, 1985.

Attorney(s) appearing for the Case

Robert Liteig, Asst. U.S. Atty., Cedar Rapids, Iowa, for appellant.

No argument for appellees.

Before McMILLIAN and ARNOLD, Circuit Judges, and SACHS, District Judge.

SACHS, District Judge.

The district court's denial of the Government's motion to dismiss appellees' (the McDuffees) action under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2671, et seq., is now before this court on an interlocutory appeal.1 The sole issues to be decided here are whether appellees' administrative and judicial filings were timely under the relevant limitations provision of the FTCA, 28 U.S.C. § 2401(b):

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