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PETERSON v. UNITED STATES

No. 82-5186.

694 F.2d 943 (1982)

Elizabeth PETERSON, Individually and as Administratrix Prosequendum of the Estate of Frank Peterson, deceased, Appellant, v. UNITED STATES of America.

United States Court of Appeals, Third Circuit.

Decided December 9, 1982.

Attorney(s) appearing for the Case

Frederick F. Fitchett, III (argued), Fratto, Little, Alessi & Abbott, Barrington, N.J., for appellant.

W. Hunt Dumont, U.S. Atty., Jerome B. Simandle, Asst. U.S. Atty. (argued), Trenton, N.J., for appellee.

Before WEIS, BECKER and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Senior Circuit Judge.

This is an appeal from district court orders dismissing a medical malpractice action brought under the Federal Tort Claims Act, 28 U.S.C. § 2674, on the ground that the injured party had failed to file the necessary claim with the appropriate federal agency within two years of the time that the cause of action accrued. See 28 U.S.C. § 2401(b...

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