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GERVAIS BY AND THROUGH BREMNER v. U.S.

No. 87-4116.

865 F.2d 196 (1988)

Toni Marie GERVAIS, By and Through her conservator and legal guardian Connie BREMNER, Plaintiff-Appellant, v. UNITED STATES of America and the Bureau of Indian Affairs, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 30, 1988.

Attorney(s) appearing for the Case

William A. Squires, Matteucci & Falcon, Great Falls, Mont., for plaintiff-appellant.

George F. Darragh, Jr. and Carl E. Rostad, Asst. U.S. Attys., Great Falls, Mont., for defendants-appellees.

Before SCHROEDER, ALARCON and NORRIS, Circuit Judges.

SCHROEDER, Circuit Judge:

This is an action under the Federal Tort Claims Act alleging that the negligent operation of a tribal jail facility by the Bureau of Indian Affairs resulted in the attempted suicide and permanent mental retardation of the appellant, Toni Marie Gervais. The district court dismissed the suit for lack of subject matter jurisdiction, holding that the complaint was not timely filed within six months of the denial of the claim by the BIA.

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