John Bailey v. United States

642 F.2d 344 John BAILEY, for and on behalf of John Bailey and Jessie Bailey, husband and wife, and for and on behalf of Jonathan Williams, a minor, by and through his Conservator Leon Bailey, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. No. 79-3136. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 18, 1980. Decided April 20, 1981. John W. McDonald, Tucson, Ariz., argued for plaintiffs-appellants; Joe F. Tarver, Chandler, Tullar, Udall & Redhair, Tucson, Ariz., on brief. Virginia Mathis, Asst. U. S. Atty., Phoenix, Ariz., argued for defendant-appellee; Michael D. Hawkins, U. S. Atty., Phoenix, Ariz., on brief. Appeal from the United States District Court for the District of Arizona. Before DUNIWAY and TRASK, Circuit Judges, and JAMESON, * District Judge. DUNIWAY, Circuit Judge: 1 The district court dismissed this wrongful death action brought under the Federal Tort Claims Act, 28 U.S.C. §§ 1346 (b) and 2671 et seq., because of plaintiffs' failure to present their claim to the federal agency within two years of the accident. We affirm. I. The Facts 2 The facts, as set forth in the pleadings and "Joint Statement of…