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HULVER v. UNITED STATES

Nos. 76-2010 and 76-2011.

562 F.2d 1132 (1977)

Isaac Newton HULVER, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 14, 1977.

Rehearing Denied October 12, 1977.

Attorney(s) appearing for the Case

Mark H. Gallant, Atty., Appellate Section, Civil Div., Dept. of Justice, argued, Leonard Schaitman, Atty., Appellate Section, Civil Div., Dept. of Justice, Washington, D. C., for appellant; Barbara Allen Babcock, Asst. Atty. Gen., Ronald R. Glancz and Bert C. Hurn, U. S. Atty. (former), Kansas City, Mo., on appendix, appellant's brief and reply brief.

William H. Pickett, Pickett & Midkiff, Kansas City, Mo., for appellee.

Before VAN OOSTERHOUT, Senior Circuit Judge, STEPHENSON and WEBSTER, Circuit Judges.

VAN OOSTERHOUT, Senior Circuit Judge.

The sole issue presented by these appeals by the United States of America is whether the trial court erred in holding that plaintiff's medical malpractice claim was not barred by the two-year limitation period of 28 U.S.C. § 2401(b). Plaintiff in his brief specifically agrees that the only issue raised by these appeals is when the medical malpractice cause of action accrued under 28 U.S.C. § 2401(b).

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