GAF CORP. v. U.S.

Nos. 84-5638, 84-5693 and 85-5655.

818 F.2d 901 (1987)

GAF CORPORATION, Appellant, v. UNITED STATES of America. KEENE CORPORATION, Appellant, v. UNITED STATES of America. EAGLE-PICHER INDUSTRIES, INC., Appellant, v. UNITED STATES of America.

United States Court of Appeals, District of Columbia Circuit.

Decided May 5, 1987.


Attorney(s) appearing for the Case

Marcy L. Kahn, New York City, of the Bar of the Supreme Court of Arizona, pro hac vice, by special leave of Court, with whom Jerald Oshinsky, Harold D. Murry, Jr., Washington, D.C., Eugene R. Anderson, New York City, and Lorelie S. Masters, Washington, D.C., were on the brief, for appellant in No. 84-5693.

Paul A. Zevnik, with whom Susan P. Adams, Washington, D.C., was on the brief, for appellant in No. 84-5638.

Edward M. Fogarty, with whom Joe G. Hollingsworth, Washington, D.C., was on the brief, for appellant in No. 85-5655.

M. Faith Burton, Atty., Dept. of Justice, with whom Richard K. Willard, Acting Asst. Atty. Gen., Joseph E. diGenova, U.S. Atty., and Jeffrey Axelrad, Atty., and Janice Griffin O'Reilly, Special Atty., Dept. of Justice, Washington, D.C., were on the brief, for appellee in Nos. 84-5638, 84-5693 and 85-5655. David S. Fishback, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for appellee in No. 84-5638.

Before ROBINSON, Circuit Judge, and WRIGHT and McGOWAN, Senior Circuit Judges.


Opinion for the Court filed by Circuit Judge ROBINSON.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

These consolidated cases concern the standard for presentments of tort claims under the Federal Tort Claims Act.1 Section 2675(a) of the Act requires that tort claimants against the United States present their claims to an appropriate federal agency as a jurisdictional prerequisite to filing suit. The purpose of this requirement is...

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