Legal Opinion · Concurrence

Lee Quinton v. United States

Court of Appeals for the Fifth Circuit

Decided June 14, 1962No. 19354Published

1ConcurrenceJoseph C. Hutcheson, Circuit Judge

For the reasons hereafter stated, while I concur in the result reached by the majority and in the conclusions reached, that the question of when a tort claim accrues against the United States under 28 U.S.C. § 2401(b) is to be determined by federal law, and that under federal law the plaintiff’s suit was brought within the time allowed by Section 2401(b),1 I cannot concur in the characterization of the statutory two year period within *242which such a claim must be begun or forever barred as a “statute of limitations.”

It is established beyond question that Section 2401(b) is not a statute of…

2Cases cited19 opinions

  1. Indian Towing Co. v. United StatesSupreme Court of the United States · 1955
  2. The HarrisburgSupreme Court of the United States · 1886
  3. Finn v. United StatesSupreme Court of the United States · 1887
  4. Munro v. United StatesSupreme Court of the United States · 1938
  5. Ella Fitzgerald, John Lewis, Georgiana Henry and Norman Granz v. Pan American World Airways, Inc.Court of Appeals for the Second Circuit · 1956

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