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HERTZ v. U.S.

No. 07-1724.

560 F.3d 616 (2009)

Susan HERTZ, Individually and as Personal Representative of the Estate of Roger Hertz, Deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 31, 2009.

Attorney(s) appearing for the Case

ARGUED: Jill M. Wheaton, Dykema Gossett, Ann Arbor, Michigan, for Appellant. Colleen Love Conlin, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Daniel J. Stephenson, David M. George, Dykema Gossett, Ann Arbor, Michigan, Kathryn J. Humphrey, Dykema Gossett, Detroit, Michigan, for Appellant. Colleen Love Conlin, United States Department of Justice, Washington, D.C., for Appellee. Deborah A. Hebert, Michael J. Sullivan, Collins, Einhorn, Farrell & Ulanoff, Southfield, Michigan, for Amici Curiae.

Before SURHEINRICH, GRIFFIN, and KETHLEDGE, Circuit Judges.

OPINION

KETHLEDGE, Circuit Judge.

Plaintiff Susan Hertz appeals the district court's dismissal, on limitations grounds, of her claim under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b), 2671 et seq. We affirm.

I.

Roger Hertz, a passenger on board an amateur-built experimental airplane, was killed on May 31, 2004, when the plane flew into a thunderstorm and crashed. The National Transportation Safety Board ...

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