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CAMIRE v. UNITED STATES

No. 992, Docket 76-6038.

535 F.2d 749 (1976)

Joseph Anthony CAMIRE, Infant, by his Father, James Anthony Camire, and his Mother, Gail Marie Camire, and James Anthony Camire and Gail Marie Camire, Individually, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Second Circuit.

Decided June 2, 1976.

Attorney(s) appearing for the Case

Livingston L. Hatch, Keeseville, N.Y., for appellants.

Richard K. Hughes, Asst. U. S. Atty., Albany, N. Y. (James M. Sullivan, Jr., U. S. Atty., N.D.N.Y., Albany, N. Y.), for appellee.

Before KAUFMAN, Chief Judge and SMITH and MANSFIELD, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

This is an appeal from dismissal on summary judgment in the United States District Court for the Northern District of New York, James T. Foley, Chief Judge, as untimely of a Tort Claims Act suit. The action was brought on behalf of a serviceman, his wife and an infant son whose illness, meningitis, was negligently diagnosed at the United States Air Force Base Hospital at Plattsburgh, New York as teething with a cold. The original...

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