ROMÁN-CANCEL v. U.S.

No. 09-2311.

613 F.3d 37 (2010)

Francisca ROMÁN-CANCEL et al., Plaintiffs, Appellants, v. UNITED STATES of America, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 22, 2010.


Attorney(s) appearing for the Case

Nicolás Nogueras Cartagena, Julio C. Alejandro Serrano, and Office of Nicolás Nogueras Cartagena on brief for appellants.

Rosa Emilia Rodríguez-Vélez, United States Attorney, Nelson Pérez-Sosa, Appellate Chief, and Luke Cass, Assistant United States Attorney, on brief for appellee.

Before BOUDIN, SELYA and LIPEZ, Circuit Judges.


SELYA, Circuit Judge.

This appeal follows on the heels of the dismissal of a Federal Tort Claims Act (FTCA) suit as time-barred. We reach the same conclusion as the district court, although we premise our decision on alternative holdings (one of which extends beyond the lower court's rationale).

The facts are straightforward. Upon returning from military service in Vietnam, plaintiff-appellant Nelson Cortés-Castillo1 experienced...

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