UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-50922
Summary Calendar
CATHY PULLEN; BRUCE PULLEN;
FREDERICK ALLAN PULLEN,
Plaintiffs-Appellants,
versus
UNITED STATES OF AMERICA,
Defendant-Appellee.
Appeal from the United States District Court
For the Western District of Texas
(EP-95-CV-139)
August 21, 1996
Before POLITZ, Chief Judge, DAVIS and DENNIS, Circuit Judges.
PER CURIAM:*
Bruce and Cathy Pullen and their major son Frederick Allan (Shields) Pullen
appeal an adverse summary judgment in their Federal Tort Claims Act complaint
against the United States for injury sustained by Frederick Allan while a patient at
*
Pursuant to Local Rule 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in Local Rule
47.5.4.
the William Beaumont Army Medical Center during the year 1973. The
government challenged subject matter jurisdiction on the grounds that the Pullens
failed to file an administrative complaint within two years of the accrual of their
cause of action, that their judicial complaint was not filed within six months of
rejection of that complaint, and that their claim is barred by 28 U.S.C. § 2401(b).
The Pullens counter that the government concealed the true cause of Frederick’s
injury; thus limitations were tolled until the summer of 1991 when they learned of
the concealment. They therefore immediately filed an administrative complaint
followed timely by the instant action.
The court treated the government’s motion to dismiss as a motion for
summary judgment and granted same, finding no basis for the claimed
concealment. The Pullens filed a timely Rule 59(e) motion which challenges the
validity of the underlying summary judgment and turns on the court’s resolution
thereof. Our de novo review of the record reflects no error in the trial court’s ruling
and, on the facts as found, authorities cited, and analysis made by the trial judge in
his Memorandum Opinion and Order signed August 30, 1995 and filed and entered
September 5, 1995, the appealed rulings are AFFIRMED.
2