HAMILTON v. UNITED STATES PUBLIC HEALTH SERVICE

Civ. No. 77-5057.

502 F.Supp. 732 (1980)

Linn O. HAMILTON and Leni D. Hamilton, as guardians of Bud Hamilton, a minor, v. UNITED STATES PUBLIC HEALTH SERVICE of the Department of Health, Education and Welfare of the United States of America.

United States District Court, D. South Dakota.

December 18, 1980.


Attorney(s) appearing for the Case

Charles Rick Johnson, Gregory, S. D., for plaintiffs.

Terry L. Pechota, U. S. Atty., Sioux Falls, S. D., for defendant.


MEMORANDUM OPINION

BOGUE, Chief Judge.

This matter comes before the Court on the Defendant's motion to dismiss. Defendant claims that the Plaintiffs failed to file their claim within the time provided by 28 U.S.C. § 2401(b) and as a result this Court lacks jurisdiction to hear the matter. Thus, assuming a tortious act, this Court must answer a two part question. First, when did Plaintiffs' cause of action arise, and second, did Plaintiffs file their...

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