MILLER v. UNITED STATES

No. 83-2738.

741 F.2d 148 (1984)

Sharon R. MILLER, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 13, 1984.

As Amended September 12, 1984.


Attorney(s) appearing for the Case

Dennis H. Stark, Kesler & Stark, Terre Haute, Ind., for plaintiff-appellant.

B. Curtis Wilkinson, Patrick, Gabbert, Wilkinson, Goeller & Modesitt, Terre Haute, Ind., for defendant-appellee.

Before CUDAHY and ESCHBACH, Circuit Judges, and PELL, Senior Circuit Judge.


ESCHBACH, Circuit Judge.

Plaintiff Sharon R. Miller brought this action against the United States pursuant to the Federal Tort Claims Act (the "Act"), 28 U.S.C. §§ 1346(b), 2671 et seq. The district court dismissed for failure to timely file her claim. We reverse.

The facts of this case are not disputed. On May 16, 1980, a vehicle driven by Peter Avenatti collided with plaintiff's truck. At the time of the accident, Avenatti was engaged in...

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