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SGAMBATI v. UNITED STATES

No. 142, Docket 21194.

172 F.2d 297 (1949)

SGAMBATI v. UNITED STATES.

United States Court of Appeals Second Circuit.

February 3, 1949.

Attorney(s) appearing for the Case

Paul Kastenbaum, of New York City (Jacob Rassner and Jack Steinman, both of New York City, of counsel), for appellant.

John F. X. McGohey, of New York City (Martin J. Norris, of New York City, of counsel), for appellee.

Before AUGUSTUS N. HAND, CLARK, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

The only question here is whether the statute was tolled during the period of infancy. In Osbourne v. United States, 2 Cir., 164 F.2d 767, 768, we said: "Generally, where a statute creates a cause of action which was unknown at common law, a period of limitation set up in the same statute is regarded as a matter of substance, limiting the right as well as the remedy. Filing a complaint within the prescribed period...

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