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WASHINGTON v. UNITED STATES

No. 84-6075.

769 F.2d 1436 (1985)

Luther WASHINGTON, Francine E. Washington, Darlene M. Washington, Belinda J. Washington, James J. Washington, Michael R. Washington, and Darryl Washington, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 30, 1985.

Attorney(s) appearing for the Case

Jerome S. Billet, Neiman, Billet, Albala & Levine, Los Angeles, Cal., for plaintiffs-appellants.

Shari K. Silver, Asst. U.S. Atty., Los Angeles, Cal., for defendant-appellee.

Before ANDERSON and TANG, Circuit Judges, and SOLOMON, District Judge.

SOLOMON, Judge:

Appellants, Luther Washington and his six children, filed this action under the Federal Tort Claims Act against the United States for the wrongful death of Beatrice Washington. The district court held that the action was time barred and dismissed it. The Washingtons appealed.

Facts

In September, 1967, Beatrice Washington was admitted to the Plattsburgh Air Force Base Hospital in New York for delivery of her baby. When Air Force...

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