DUNIWAY, Circuit Judge (dissenting). I regret that I am unable to concur in the foregoing opinion. I do agree that the claim is not one arising out of “misrepresentation”. (See 28 U.S.C. § 2680 (h).) But I think that the time when a “claim accrues” ( 28 U.S.C. § 2401 (b)) is governed by state…
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