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Davis v. Secretary United States Department of Air Force

United States Court of Appeals, Tenth Circuit

May 4, 2015

L.A. DAVIS; SARAH DAVIS, husband and wife, d/b/a D&D Equipment, Plaintiffs - Appellants,
v.
SECRETARY UNITED STATES DEPARTMENT OF THE AIR FORCE, Defendant-Appellee.

D.C. No. 2:13-CV-00982-WJ-CG, D. New Mexico

Before GORSUCH, McKAY, and BACHARACH, Circuit Judges.

ORDER AND JUDGMENT [*]

Robert E. Bacharach Circuit Judge

The district court dismissed this action under the Federal Tort Claims Act, holding in part that the FTCA's time limits are jurisdictional and not subject to equitable tolling. During the pendency of this appeal, the Supreme Court has held in United States v. Wong, Nos. 13-1074, 13-1075, 2015 WL 1808750 (U.S. Apr. 22, 2015), that the FTCA's time limits are nonjurisdictional and subject to equitable tolling. In light of the Supreme Court's decision in Wong, the parties agree that this case should be remanded to the district court for further ...


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