William Kollios v. United States, 512 F.2d 1316 (1st Cir. 1975). · Go Syfert
William Kollios v. United States, 512 F.2d 1316 (1st Cir. 1975). Cases Citing This Book View Copy Cite
19 citation events across 10 distinct courts.
Strongest positive: Nelda Mattson v. U.S. West Communications, Inc., Service Investment Corporation, Doing Business as Service Investment Collection Agency (ca8, 1992-06-01)
Top citers, strongest first. 7 distinct citers. How cited ↗
examined Cited as authority (rule) Nelda Mattson v. U.S. West Communications, Inc., Service Investment Corporation, Doing Business as Service Investment Collection Agency (4×)
8th Cir. · 1992 · confidence medium
See Gervais v. United States, 865 F.2d 196, 197 (9th Cir.1988) (six-month limitations period under Federal Tort Claims Act (FTCA) statute of limitations 4 ends on six-month anniversary date of mailing of denial of claim); Maahs v. United States, 840 F.2d 863, 866-67 (11th Cir.1988) (“joining the majority of circuits that have dealt with this issue,” Rule 6(a) applies to FTCA statute of limitations; general policy is that Rule 6(a) applies to federal statutes enacted or amended after promulgation of the rule 5 ); Monkelis v. Mobay Chemical, 827 F.2d 937, 938 (3d Cir.1987) (“In determining…
cited Cited as authority (rule) Scott v. United States Veteran's Administration
W.D. La. · 1990 · confidence medium
Id.; McDuffee v. United States, 769 F.2d 492, 494 (8th Cir.1985); Kollios v. United States, 512 F.2d 1316, 1316-17 (1st Cir.1975).
discussed Cited as authority (rule) Winters v. United States Postal Service
D.D.C. · 1989 · confidence medium
However, while a majority of the courts hold that the limitations period runs through the day before the same calendar date six months later, see, e.g., Vernell v. United States Postal Service, 819 F.2d 108, 111-12 (5th Cir.1987); Gervais By and Through Bremner v. United States, 865 F.2d 196, 197 (9th Cir.1988); McDuffee v. United States, 769 F.2d 492, 494 (8th Cir.1985); Kollios v. United States, 512 F.2d 1316, 1316-17 (1st Cir.1975); Murray v. United States, 569 F.Supp. 794, 796 (N.D.N.Y.1983); Yedwab v. United States, 489 F.Supp. 717, 718-20 (D.N.J.1980), a minority of courts hold that the …
discussed Cited as authority (rule) Austin Vernell, Acting for and on Behalf of the Community Estate and Helen Vernell, Individually v. United States Postal Service
5th Cir. · 1987 · confidence medium
Id. 4 Four courts have followed the first method: McDuffee v. United States, 769 F.2d 492, 494 (8th Cir.1985); Kollios v. United States, 512 F.2d 1316, 1316-17 (1st Cir.1975); Murray v. United States, 569 F.Supp. 794, 796 (N.D.N.Y.1983); and Yedwab v. United States, 489 F.Supp. 717, 718-20 (D.N.J.1980). 5 Two courts have followed the second method: Bledsoe v. Dept. of Housing and Urban Development, 398 F.Supp. 315, 318-21 (E.D.Pa.1975), and Rodriguez v. United States, 382 F.Supp. 1, 2 (D.P.R.1974). 6 We are of the opinion that the majority rule as expressed in McDuffee and Kollios is the bette…
cited Cited "see" Edward C. Tribue v. United States
7th Cir. · 1987 · signal: see · confidence high
See id. at 1317 .
cited Cited "see" Cather v. Kelso
Idaho · 1982 · signal: see · confidence high
See Kollios v. U.S., 512 F.2d 1316 (1st Cir. 1975); Bowling v. Webb Gas Co., Inc. of Lebanon, 505 S.W.2d 39 (Mo.1974).
discussed Cited "see, e.g." Wood-Ivey Systems Corporation v. United States (2×)
Fed. Cir. · 1993 · signal: see also · confidence medium
See also, e.g., Kollios v. United States, 512 F.2d 1316, 1317 (1st Cir.1975) (liberal interpretation of Rule 6(a) avoids technicalities that prevent individuals from presenting their claims against the government); Hart v. United States, 817 F.2d 78, 80 (9th Cir.1987) (Rule 6(a) applies to time for filing tort claim against the United States and the district court properly had jurisdiction); Jackson v. United States Postal Service, 666 F.2d 258, 259-60 (5th Cir.1982) (applying Rule 6(a) to appeal from the Merit Systems Protection Board); Johnson v. Flemming, 264 F.2d 322, 323 (10th Cir.1959) (…
Retrieving the full opinion text from the archive…
William KOLLIOS Et Al., Petitioners-Appellants,
v.
UNITED STATES of America, Respondent-Appellee
74-1416.
Court of Appeals for the First Circuit.
Apr 1, 1975.
512 F.2d 1316
1975 U.S. App. LEXIS 15374
Theodore C. Garabedian, Worcester, Mass., on brief for appellants., James N. Gabriel, U. S. Atty., and Marshall D. Stein, Asst. U. S. Atty., Boston, Mass., on brief for appellee.
Coffin, Ald-Rich, Meentee.
Cited by 13 opinions  |  Published
COFFIN, Chief Judge.

On January 24, 1974 each appellant commenced in the district court an action to recover from the government for damages sustained as a result of a 1968 vehicular accident. The district court dismissed the cases as barred by the applicable statute of limitations, 28 U.S. C.A. § 2401(b), which relevantly provides:

“A tort claim against the United States shall be forever barred unless action is begun within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented.”

We have concluded that oral argument will not be of assistance with regard to the narrow issue presented on appeal, and thus proceed on the basis of the briefs submitted by the parties. First Circuit Rule 12.

Appellants’ administrative claims were denied by letter dated July 23, 1973.[*1317] The district court applied the so-called “modern doctrine” for the computation of the six-month period, excluding the initial or trigger day and including the last day of the period. Using this method of calculation and taking July 23 as the trigger day, it is clear that the six-month period described by the statute ended on January 23, 1974.

In order to prevail, then, appellants must establish that July 23 was not the trigger day, and in support of that position they have fashioned a tortuous argument. They emphasize that section 2401(b) requires initiation of the action within six months “after the date” of mailing, and urge that for that reason their concession that they did not file within six months “after the mailing” or “from the mailing” does not dispose of this case. They would have us hold that the first point in time “after the date of mailing” was July 24, which therefore must be regarded as the trigger day.

Appellants have referred us to no authority supporting their position, and our independent research has discovered none. Their argument might have some force if the time of the day at which a document is filed affected the computation of time under federal statutes or rules, but that is not the case. Moreover, the utilization of different systems for computation depending on whether an event or a “date” is taken as the starting point would run strongly counter to efforts to establish a uniform system of computation for the convenience of both litigants and the courts. [1] Pursuant to F.R.A.P. 31(a), for example, the appellant must file his brief “within 40 days after the date' on which the record is filed”. The appellee, however, must file within 30 days “after service” of appellant’s brief, and appellant in turn may file a reply brief within 14 days “after service” upon him of appellee’s brief. If these various formulations mean what appellants say they do, then the trigger day for the computation with regard to appellant’s brief is the day after the record is filed, while measurement for appellee’s brief and the reply thereto begins on the very day of service. [2]

Despite our lack of enthusiasm for any “technicality” which prevents individuals from presenting for adjudication the claims which they have against the government, the construction of section 2401(b) suggested by appellants would serve no useful end while wreaking havoc on the hitherto orderly computation of time under federal rules and statutes.

Affirmed.

1

. See Fed.R.Civ.P. 6(a); F.R.A.P. 26(a); 4 C. Wright & A. Miller, Federal Practice and Procedure § 1163.

2

. See also the various formulations of time measurement in F.R.A.P. 4, some starting from an event and some from a date.