Sally MAGRUDER, Plaintiff-Appellant, v. The SMITHSONIAN INSTITUTION, Defendant-Appellee

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Court dismissed appeal filed by the plaintiff on behalf of her deceased brother, Peyton Magruder. Peyton Magruder brought action against the Smithsonian to repossess a gift that his father made in 1932, while Peyton Magruder was under 21 years of age. In 1980, six years after Peyton Magruder first made request to the Smithsonian for repossession of the gift, his attorney made a formal demand for the gift. Due to the 2 year limitation period for filing an administrative tort claim, as provided by Title 28, U.S.C., ʹ 2401 (b), the court could not grant relief sought by plaintiff.


  • Magruder, Sally
  • Godbold, John Cooper
  • Kravitch, Phyllis A
  • Hatchett, Joseph Woodrow
  • Magruder, Marshall
  • Magruder, Peyton
  • United States Court of Appeals, Eleventh Circuit


Smithsonian Legal Documents

Legal document information

  • 758 F.2d 591 (1985)
  • Title 20, Education
  • Court case


See, Title 28, U.S.C., 2401(b)

Contained within

758 Federal Reporter, 2d Series (Book)

Contact information

Institutional History Division, Smithsonian Institution Archives, 600 Maryland Avenue, S.W., Washington, D.C. 20024-2520,


  • 1985
  • 04/24/1985


  • Limitation of actions
  • Repossession
  • Torts
  • Actions and defenses
  • Gifts


Court case

Physical description

Number of pages: 4; Page Numbers: 591-594

Full Record

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