ROGERS v. UNITED STATES

No. 80-3685.

675 F.2d 123 (1982)

Isaac ROGERS, Jr., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 15, 1982.


Attorney(s) appearing for the Case

F. M. Apicella, F. M. Apicella & Associates, Cleveland, Ohio, for plaintiff-appellant.

Dale F. Kainski, Asst. U. S. Atty., Cleveland, Ohio, for defendant-appellee.

Before KENNEDY and MARTIN, Circuit Judges, and BALLANTINE, District Judge.


PER CURIAM.

This appeal presents the issue of whether the timely filing of an administrative claim is a jurisdictional prerequisite to suits under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), when an action is commenced in state court against a federal employee who was in the course of his employment, and removed by the United States, under 28 U.S.C. § 2679, to the district court.

Plaintiff, a postman, was injured when his car was struck by...

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