Michael Alan Avril and Gloria Melanie McMullen v. United States

SCHNACKE, District Judge:

Appellants brought suit under the Federal Tort Claims Act for damages allegedly sustained when a Post Office vehicle negligently collided with a motorcycle owned and driven by Avril on which McMullen was a passenger. Their amended complaint, which is the one before us, alleges the filing by each of claims under 28 U.S.C. § 2675(a) with officials of the then Post Office Department and the expiration of six months without action thereon.

Copies of the claims as filed on Standard Form 95 were brought before the court below on defendant’s request for admissions. In each…