Pittman v. United States

WOLLENBERG, District Judge.

The complaint alleges that plaintiff, a minor child of nine years, suffered personal injuries as a result of the negligence of enlisted personnel of the U. S. Navy, an agency of the defendant, in the operation of a truck within the Mare Island Naval Shipyard at Vallejo, California on July 13, 1959.

Because the complaint was not filed until December 18, 1961, the government moves to dismiss it as the two year statute of limitations has elapsed. 28 U.S.C. § 2401(b).1 ^

*764The government cites United States v. Glenn, 231 F.2d 884 (9th Cir., 1956) for the proposition that…