Opinion
No. 75-2651.
April 8, 1977.
Francis F. Yunker, W. A. Franklin, argued, Franklin, Bennett, Ofelt Jolles, P. C., Portland, Or., Sidney I. Lezak, U.S. Atty., Charles H. Turner, Asst. U.S. Atty., Portland, Or., for plaintiffs-appellants.
J. Charles Kruse, Civ. Div., U.S. Dept. of Justice, Washington, D.C., Wm. B. Borgeson, Portland, Or., Craig J. Casey, argued, for defendant-appellee.
Appeal from the United States District Court for the District of Oregon; Robert C. Belloni, Judge.
Before KOELSCH, DUNIWAY and GOODWIN, Circuit Judges.
The district court dismissed plaintiffs' action under the Federal Torts Claim Act, 28 U.S.C. § 1346(b) (1970), on the ground that it was barred by the two-year statute of limitations. 28 U.S.C. § 2401(b) (1970). They appeal. The facts which are alleged present a striking parallel to those found in Hammond v. United States, E.D.N.Y., 1975, 388 F. Supp. 928. We are not bound by that decision, but we are convinced that Judge Platt's careful opinion in that case is correct and we affirm on the basis of his reasoning. See also, Brown v. United States, 9 Cir., 1965, 353 F.2d 578.
Affirmed.