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BENGE v. U.S.

No. 92-7123.

17 F.3d 1286 (1994)

Floyd BENGE and Jean Benge, and Gloria Springer, as guardian, next friend and custodial parent of Travis Benge, a minor, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 23, 1994.

Attorney(s) appearing for the Case

James W. Robb, of Fort Smith, Arkansas, for the Plaintiffs-Appellants.

Sarah Lock (Stuart E. Schiffer, Acting Assistant Attorney General, Washington, D.C.; John Raley, United States Attorney, Muskogee, Oklahoma; and Jeffrey Axelrad and Paul F. Figley, United States Department of Justice, Washington, D.C., with her on the brief), United States Department of Justice, Washington, D.C., for the Defendant-Appellee.

Before TACHA and BARRETT, Circuit Judges, and KANE, District Judge.

TACHA, Circuit Judge.

Plaintiffs appeal the district court's grant of defendant's motion to dismiss. The district court found that the limitations period on plaintiffs' claims had run. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I. Background

United States Army Staff Sergeant Michael Benge died in 1989 due to a brain tumor. Plaintiffs Floyd and Jean Benge are Michael Benge's parents. Plaintiff Travis Benge is Michael Benge...

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