MELO v. UNITED STATES

No. 74-1169.

505 F.2d 1026 (1974)

Christine Roth MELO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 7, 1974.


Attorney(s) appearing for the Case

William Bauer, Burlington, Iowa, for appellant.

Paul A. Zoss, Asst. U. S. Atty., Des Moines, Iowa, for appellee.

Before VAN OOSTERHOUT, Senior Circuit Judge, and BRIGHT and ROSS, Circuit Judges.


VAN OOSTERHOUT, Senior Circuit Judge.

This is a timely appeal by plaintiff Christine Roth Melo from final order sustaining motion as amended, filed pursuant to Rule 12(b), Fed.R.Civ.P., to dismiss plaintiff's complaint by reason of plaintiff's failure to exhaust available administrative remedies as required by 28 U.S.C. § 2675.

The basic facts are not in dispute. Plaintiff and Richard Dean Dyer, an employee of the United States Post Office, were involved...

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