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ZAVALA BY AND THROUGH RUIZ v. U.S.

No. 88-6168.

876 F.2d 780 (1989)

Francisco ZAVALA, a minor, By and Through his Guardian ad Litem, Rita RUIZ; Rita Ruiz, individually; Manuel Ruiz, individually; Roberto Zavala, individually; and all as heirs of Rosa Zavala, deceased, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 5, 1989.

Attorney(s) appearing for the Case

William James Osborne, Los Angeles, Cal., for plaintiffs-appellants.

D. Michael Waltz, Asst. U.S. Atty., San Diego, Cal., for defendant-appellee.

Before WRIGHT, FARRIS and NELSON, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

We decide here whether to toll the Federal Tort Claims Act (FTCA) two-year statute of limitation for a minor plaintiff whose father allegedly abandoned him during the limitation period.

I.

Francisco Zavala, now nine years old, was born severely brain damaged at Camp Pendleton Naval Hospital. His father, Roberto, was a serviceman. His mother, Rosa, sought treatment at Pendleton beginning in mid-1979 for epileptic seizures...

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