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WADSWORTH v. UNITED STATES POSTAL SERVICE

No. 74-1306.

511 F.2d 64 (1975)

George WADSWORTH and the Farmers Insurance Exchange as subrogee of George Wadsworth, Plaintiffs-Appellants, v. UNITED STATES POSTAL SERVICE and Phil Anderson, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 19, 1975.

Attorney(s) appearing for the Case

E. Bryan Dunigan, III, Chicago, Ill., for plaintiffs-appellants.

James R. Thompson, U. S. Atty., Gary L. Starkman and Carol E. Moseley, Asst. U. S. Attys., Chicago, Ill., for defendants-appellees.

Before PELL and TONE, Circuit Judges, and JAMESON, Senior District Judge.

TONE, Circuit Judge.

This case presents the question of whether the relation-back provisions of Rules 15(c) and 17(a), Fed.R.Civ.P., apply in a tort action against the United States when the government invokes the time bar of 28 U.S.C. § 2401(b).

A United States Postal Service truck collided with a vehicle owned by plaintiff Wadsworth and caused damages totaling $736.50. Wadsworth's automobile collision insurer, plaintiff Farmers Insurance Exchange, paid...

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