Mary E. Fisk, Special Administratrix of the Estate of Clarence J. Fisk, Deceased v. United States

PELL, Circuit Judge.

The question presented by this appeal is whether a wrongful death claim brought pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b) (1976), is barred by the two-year statute of limitations set forth at 28 U.S.C. § 2401(b), when more than two years have elapsed since the accrual of a personal injury claim for the wrongful act which caused the death, but less than two years have elapsed since the date of death.

The case arises from a judgment of the United States District Court for the Southern District of Indiana, which awarded the plaintiff-appellee…