ROSARIO v. AM. EXPORT-ISBRANDTSEN LINES, INC.

No. 75-1741.

531 F.2d 1227 (1976)

Christobal ROSARIO, Appellee, v. AMERICAN EXPORT-ISBRANDTSEN LINES, INC. v. UNITED STATES of America, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 8, 1976.


Attorney(s) appearing for the Case

Rex E. Lee, Washington, D. C., Robert E. J. Curran, Philadelphia, Pa., William Kanter, Michael H. Stein, Washington, D. C., for appellant.

Robert C. Daniels, Freedman, Borowsky & Lorry, Philadelphia, Pa., for appellee.

Before HUNTER, KALODNER and GARTH, Circuit Judges.


OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

The critical question presented by this appeal is whether Rosario, appellee here and plaintiff below, may be permitted to file a complaint under the Federal Tort Claims Act against the United States, which was brought into the case as a third-party defendant by American Export-Isbrandtsen Lines, without first filing an administrative claim with the appropriate government agency as required by 28 U.S...

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