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ARCADE WATER DIST. v. U.S.

No. 89-16023.

940 F.2d 1265 (1991)

ARCADE WATER DISTRICT, a public agency of the State of California, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 1, 1991.

Attorney(s) appearing for the Case

Irving H. Perluss, Greve, Clifford, Diepenbrock & Paras, Sacramento, Cal. and William T. Sweigert, Loomis, Cal., for plaintiff-appellant.

John D. Beling, U.S. Dept. of Justice, Washington, D.C., for defendant-appellee.

Before TANG, FLETCHER and REINHARDT, Circuit Judges.

TANG, Circuit Judge:

Arcade Water District ("Arcade") sued the United States under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 2674, for contamination of an Arcade well by a military laundry. The district court dismissed the suit with prejudice, holding that the FTCA statute of limitations bars the suit. Arcade timely appealed. We reverse.

FACTS AND PROCEEDINGS

Arcade Water District is a California public agency supplying water for domestic...

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