Claremont Aircraft, Inc., a Corporation v. United States

The appellant, plaintiff below, sued the Government under the provisions of the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680. The District Court granted the Government’s motion for summary judgment, holding that the suit was barred by the applicable statute of limitations.

An airplane owned by the appellant was damaged in an accident which occurred on March 12, 1967. On August 8, 1967, the appellant presented an administrative claim to the United States Air Force. The claim, dated June 2, 1967, sought damages in the sum of $1,564.91 and represented that the damage resulted from negligence on the part of the Air Force. After extensive investigation, the Air Force rejected the claim. In a letter written by an Acting Staff Judge Advocate under date of September 14, 1967, it communicated its reasons for disapproving the claim. In the same letter, which was sent to appellant’s attorneys by registered mail, it was written,

“If the claimant is dissatisfied with this action, it may file suit in the U. S. District Court not later than six months after the date of this notice under the provisions of the Federal Tort Claims Act.”

One of the appellant’s stockholders then sought, and…