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JOHNSON v. U.S.

No. 05-51125.

460 F.3d 616 (2006)

Nita Haynes JOHNSON, Individually and as Next Friend of Talaya Haynes, a Minor, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 9, 2006.

Attorney(s) appearing for the Case

William Arthur Newman, Morgan & Weisbrod, Dallas, TX, for Johnson.

William George Cole, U.S. Dept. of Justice, Civ. Div., Washington, DC, Winstanly Fiddian Luke, Asst. U.S. Atty., San Antonio, TX, Edward C. Reddington, U.S. Army, Arlington, VA, Richard C. Geisler, Jr., Germer, Bernson, Gertz, Beaman & Brown, Austin, TX, for U.S.

Before SMITH, GARZA and CLEMENT, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Nita Johnson, individually and as next friend of Talaya Haynes, her minor daughter, filed this Federal Tort Claims Act ("FTCA") action, and the district court granted summary judgment for the United States based on Johnson's failure to file her administrative claim within two years after accrual pursuant to 28 U.S.C. § 2401(b). The court, noting that the summary judgment motion was late according to the pretrial order, nonetheless...

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