Court of Appeals for the Ninth Circuit June 29, 1982, 81-3119, 81-4073 (Clayton Avery, Jr. v. United States of America, Abel Rocha v. United States)

KENNEDY, Circuit Judge:

Suit against the Government under the Federal Tort Claims Act, June 25, 1948, ch. 646, as amended by Pub.L. 89-506, 80 Stat. 306 (1966), codified at 28 U.S.C. §§ 1346(b), 2671-80 (1976), is not permitted unless a claim has first been filed with the agency; suit may begin when the agency denies the claim or has failed to act upon it for six months. 28 U.S.C. § 2675(a).