Betty Jean Brown, a Minor, by Owen Walter Brown, Her Guardian Ad Litem, and Owen Walter Brown v. United States

ELY, Circuit Judge:

This is an appeal from a judgment in favor of the defendant below, the United States of America. By stipulation of the parties the sole issue in a separate trial was whether the appellants’ claims under the Federal Tort Claims Act, 28 U.S.C. § 1346, were barred by the two-year limitations period specified for such actions in 28 U.S.C. § 2401(b). The District Court held that the action was barred. We agree.

Betty Jean Brown, a minor, was born prematurely on February 21, 1955, in the United States Naval Hospital at Corpus Christi, Texas. Weighing only one pound ten ounces at…