TESSIER v. UNITED STATES

No. 5424.

269 F.2d 305 (1959)

Paul Eugene TESSIER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

July 31, 1959.


Attorney(s) appearing for the Case

David W. Walsh, Boston, Mass., with whom Arthur D. Healey, Boston, Mass., was on brief, for appellant.

John G. Laughlin, Atty., Dept. of Justice, Washington, D. C., with whom George Cochran Doub, Asst. Atty. Gen., Anthony Julian, U. S. Atty., Boston, Mass., and Morton Hollander, Atty., Dept. of Justice, Washington, D. C., were on brief, for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.


MAGRUDER, Circuit Judge (Retired).

This is unquestionably a sad case, in which the United States is using the statute of limitations to defeat a meritorious claim. Appellant brought suit under the Federal Tort Claims Act, 28 U.S.C. §§ 1346, 2671 et seq., and offered to prove the following facts:

Exercising his rights as an honorably discharged veteran of World War II, Tessier entered the Veterans' Administration Hospital in Togus, Maine, for an appendectomy...

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