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MORTENSEN v. UNITED STATES

79 CIV 5945 (LBS).

509 F.Supp. 23 (1980)

Paul MORTENSEN, Plaintiff, v. UNITED STATES of America, Defendant.

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

October 27, 1980.

Attorney(s) appearing for the Case

Florrie L. Wertheimer, New York City, for plaintiff; Bernard D. Friedman, New York City, of counsel.

John S. Martin, Jr., U. S. Atty. for the Southern District of New York, Leslie R. Bennett, Stuart M. Bernstein, Asst. U. S. Attys., for defendant.

McHugh, Heckman, Smith & Leonard, Dennis McMahon, New York City, for McAllister Brothers.

OPINION

SAND, District Judge.

The question posed by the motion before this Court is whether plaintiff's claim against the United States resulting from alleged medical malpractice by the United States Public Health Service Hospital at Staten Island, New York (the "PHS") during the period from February 12, 1976 to November 25, 1977 is barred by the two year statute of limitations of the Federal Tort Claims Act. 28 U.S.C. § 2401.

We find that plaintiff...

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