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CALLAHAN v. U.S.

No. 04-2466.

426 F.3d 444 (2005)

Mary Jane CALLAHAN, et al., Plaintiffs, Appellants, v. UNITED STATES of America, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 18, 2005.

Attorney(s) appearing for the Case

James P. Duggan, on brief, for appellants.

Steve Frank, Attorney, Appellate Staff, Civil Division, with whom Peter D. Keisler, Assistant Attorney General, Michael J. Sullivan, United States Attorney, Jeffrey S. Bucholtz, Deputy Assistant Attorney General, and Robert S. Greenspan, Attorney, Appellate Staff, were on brief, for appellee United States of America.

William A. Brown, with whom Kate Miller Brown, were on brief, for appellee Robert Fitzpatrick.

Before TORRUELLA, Circuit Judge, CYR, Senior Circuit Judge, and LIPEZ, Circuit Judge.

TORRUELLA, Circuit Judge.

In this appeal, we consider Plaintiff's claim against the United States under the Federal Tort Claims Act. The district court found that it did not have subject matter jurisdiction because Plaintiff's claim accrued more than two years before she filed her administrative complaint and that the doctrine of fraudulent concealment did not toll this requirement. Plaintiff contests these findings of the...

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