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ORTIZ-RIVERA v. U.S.

No. 16-2278.

891 F.3d 20 (2018)

Vanessa ORTIZ-RIVERA; Lizmarie Santiago-Rivera, individually and in representation of her minor son; E.J.R.S.; Suleima Ortiz-Rios, Plaintiffs, Appellants. v. UNITED STATES of America, Defendant, Appellee.

United States Court of Appeals, First Circuit.

May 23, 2018.

Attorney(s) appearing for the Case

José R. Olmo-Rodríguez on brief for appellants.

Rosa Emilia Rodríguez-Vélez, United States Attorney, Mariana E. Bauzá-Almonte, Assistant United States Attorney, Chief, Appellate Division, and Mainon A. Schwartz, Assistant United States Attorney, on brief for appellee.

Before Howard, Chief Judge, Thompson and Barron, Circuit Judges.

The District Court dismissed this Federal Tort Claims Act ("FTCA") suit for wrongful death on the ground that the plaintiffs had not first timely presented their claim to the appropriate federal agency. See 28 U.S.C. § 2401(b). We vacate and remand.

I.

The suit arises from the...

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