CASIAS v. UNITED STATES

No. 75-1595.

532 F.2d 1339 (1976)

Todosio CASIAS and Dorothy Casias, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied May 20, 1976.


Attorney(s) appearing for the Case

Gerald A. Kay, Denver, Colo., on briefs, for plaintiffs-appellants.

James L. Treece, U. S. Atty., Douglas D. Doane, Asst. U. S. Atty., Denver, Colo., on briefs, for defendant-appellee.

Before LEWIS, Chief Judge and HILL and SETH, Circuit Judges.


HILL, Circuit Judge.

Appellants brought this action against the United States under the Federal Tort Claims Act, 28 U.S. §§ 1346(b), 2671 et seq., to recover damages resulting from the alleged medical malpractice of the Veterans Administration Hospital in Denver, Colorado. The trial court entered judgment against appellants on the ground the administrative claim was not filed within the two years allowed by 28 U.S.C. § 2401(b) and therefore the...

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