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QUINTON v. UNITED STATES

No. 19354.

304 F.2d 234 (1962)

Lee QUINTON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

June 14, 1962.

Attorney(s) appearing for the Case

Edward B. Winn, Dallas, Tex., Lane, Savage, Counts & Winn, Dallas, Tex., of counsel, for appellant.

Joseph McElroy, Jr., Asst. U. S. Atty., Dallas, Tex., Jerome I. Levenson, Atty., Dept. of Justice, Washington, D. C., William H. Orrick, Jr., Asst. Atty. Gen., Barefoot Sanders, U. S. Atty., John G. Laughlin, Attorney, Department of Justice, Washington, D. C., for appellee.

Before TUTTLE, Chief Judge, and HUTCHESON and WISDOM, Circuit Judges.

TUTTLE, Chief Judge.

This is a tort action against the United States brought pursuant to 28 U.S.C. § 1346(b). It is based on the alleged malpractice of certain Government employees in treating the plaintiff's wife at an Air Force base hospital in May, 1956. The District Court dismissed the complaint on the ground that it was barred by the two year statute of limitations contained in 28 U.S.C. § 2401(b).

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