LIEN v. BEEHNER

No. 76-CV-390.

453 F.Supp. 604 (1978)

Thor LIEN, Plaintiff, v. Michael L. BEEHNER, M. D. and Kenneth D. Riemer, Defendants.

United States District Court, N. D. New York.

July 7, 1978.


Attorney(s) appearing for the Case

Kernan & Kernan, P. C., Utica, N. Y., for plaintiff; John E. Hunt, Utica, of counsel.

George H. Lowe, U. S. Atty., for defendants; Gustave J. DiBianco, Asst. U. S. Atty., Syracuse, N. Y., of counsel.


MEMORANDUM — DECISION AND ORDER

MUNSON, District Judge.

This medical malpractice case fairly illustrates the pitfalls often encountered by unwary private litigants suing government employees. The defendants in this case have moved for a dismissal of the Complaint, based upon plaintiff's failure to abide by the jurisdictional terms of the Federal Tort Claims Act, which requires, as a prerequisite to commencement of a civil action, the filing of a written...

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