PETERS v. U.S.

No. 93-4870 Conference Calendar.

9 F.3d 344 (1993)

Lora Mae PETERS et al., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 27, 1993.


Attorney(s) appearing for the Case

John L. Hammons, Nelson & Hammons, Shreveport, LA, for plaintiffs-appellants.

John Robert Halliburton, Asst. U.S. Atty., Thomas B. Thompson, Asst. U.S. Atty., Shreveport, LA, for defendant-appellee.

Before POLITZ, Chief Judge, and SMITH and WIENER, Circuit Judges.


PER CURIAM:

Lora Mae Peters and her children filed a wrongful-death action against the United States following the death of Mrs. Peters's husband in a Veterans Administration hospital. The district court dismissed the action because the plaintiffs failed to serve the United States Attorney within 120 days of filing the complaint. Because the statute of limitations has expired, the dismissal operates as a dismissal with prejudice.

Service on the United States...

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