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MYERS v. U.S.

No. 07-3817.

526 F.3d 303 (2008)

James E. MYERS; Ellen Eckert, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee, The Ohio Casualty Insurance Company, Defendant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 21, 2008.

Attorney(s) appearing for the Case

ON BRIEF: Martin S. Delahunty III, Elk & Elk, Co., Ltd., Mayfield Heights, Ohio, for Appellants. Holly Taft Sydlow, Assistant United States Attorney, Toledo, Ohio, for Appellee.

Before: KENNEDY and MARTIN, Circuit Judges; HOOD, Senior District Judge.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Plaintiffs James Myers and Ellen Eckert filed the present case under the Federal Tort Claims Act, alleging negligence on the part of a federal postal employee whose mail truck struck the car driven by Myers and in which Eckert was a passenger. The United States filed a motion to dismiss under Rule 12(b)(1) and (6), arguing that the action was barred by the statute of limitations. The district court found for the...

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