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TYMINSKI v. UNITED STATES

Nos. 72-1024, 72-1025.

481 F.2d 257 (1973)

Viola TYMINSKI, General Administratrix and Administratrix ad Prosequendum of the Estate of Edward Tyminski, Deceased, Appellant, v. UNITED STATES of America. Viola TYMINSKI, General Administratrix and Administratrix ad Prosequendum of the Estate of Edward Tyminski, Deceased v. UNITED STATES of America, Appellant.

United States Court of Appeals, Third Circuit.

Decided June 19, 1973.

Attorney(s) appearing for the Case

Jerome H. Ellis, Verlin, Goldberg, Ellis & Epstein, Philadelphia, Pa., Joseph H. Kenney, Archer, Greiner & Read, Camden, N. J., for Viola Tyminski; Charles L. Harp, Jr., of counsel.

Harlington Wood, Jr., Acting Asst. Atty. Gen., Herbert J. Stern, U. S. Atty., Alan S. Rosenthal, William D. Appler, Attys., Dept. of Justice, Washington, D. C., for the United States.

Before BIGGS and GIBBONS, Circuit Judges, and HUYETT, District Judge.

OPINION OF THE COURT

HUYETT, District Judge.

This medical malpractice case against the United States raises questions concerning the application of the Federal Tort Claims Act's statute of limitations, 28 U.S.C. § 2401(b),1 and the proper award of damages for the value of gratuitous nursing services rendered decedent, Edward Tyminski, by his wife, the plaintiff-appellant.2 The District Court...

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