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MAAHS v. U.S.

No. 87-3353.

840 F.2d 863 (1988)

Violet M. MAAHS, and Alfred J. Maahs, her husband, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 23, 1988.

Attorney(s) appearing for the Case

David Holbrook, Monte R. Shoemaker, Chet Parker, Orlando, Fla., for plaintiffs-appellants.

Robert W. Merkle, U.S. Atty., Kendell W. Wherry, Asst. U.S. Atty., Orlando, Fla., for defendant-appellee.

Before HILL, Circuit Judge, HENDERSON, Senior Circuit Judge, and VINING, District Judge.

HILL, Circuit Judge:

In this case the sole issue before us is the applicability of Fed.R.Civ.P. 6(a) ("Rule 6(a)") to 28 U.S.C. § 2401(b) (1982) ("section 2401(b)"), which sets forth the time frame within which a claim can be brought against the federal government pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 2671-80 (1982). If the computation system prescribed in Rule 6(a) applies to section 2401(b), then the claim at issue was timely...

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