Legal Opinion

Bailey v. United States

Court of Appeals for the Ninth Circuit

Decided April 20, 1981No. 79-3136PublishedCited by 65 opinions

1Opinion of the Court

DUNIWAY, Circuit Judge:

The district court dismissed this wrongful death action brought under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671 et seq., because of plaintiffs’ failure to present their claim to the federal agency within two years of the accident. We affirm.

I. The Facts

The facts, as set forth in the pleadings and “Joint Statement of Facts,” may be summarized as follows:

On May 21, 1975, Eddie Bailey died from an explosion while employed at a gunnery range on the Gila Air Force Field in Arizona. Two co-workers, James Hawkins and Bert Ferganchick, were injured in the…

2Cases cited11 opinions

  1. United States v. KubrickSupreme Court of the United States · 1979
  2. Estelle E. Caton v. United States of AmericaCourt of Appeals for the Ninth Circuit · 1974
  3. Keith Yazzie Mann v. United StatesCourt of Appeals for the Ninth Circuit · 1968
  4. Claremont Aircraft, Inc., a Corporation v. United StatesCourt of Appeals for the Ninth Circuit · 1970
  5. House v. Mine Safety Appliances Co.Court of Appeals for the Ninth Circuit · 1978

6 more not listed; retrieve them via the Exa API.

3Cited by65 opinions

  1. Darrell R. Page v. United StatesCourt of Appeals for the D.C. Circuit · 1984
  2. Anton Vacek, and Golden Eagle Insurance Company v. United States Postal Service United States of AmericaCourt of Appeals for the Ninth Circuit · 2006
  3. Lightfoot v. United StatesCourt of Appeals for the Third Circuit · 2009
  4. Cooke v. United StatesCourt of Appeals for the Second Circuit · 2019
  5. Charles Barnett v. Okeechobee HospitalCourt of Appeals for the Eleventh Circuit · 2002

60 more not listed; retrieve them via the Exa API.

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