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WILLIS v. UNITED STATES

No. 81, Docket 83-6098.

719 F.2d 608 (1983)

Timothy J. WILLIS, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant. Daryl MacNEIL and Paul D. MacNEIL, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant. Robert J. SEUFERT, Jr., Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 12, 1983.

Attorney(s) appearing for the Case

Cheryl S. Fisher, Asst. U.S. Atty., Buffalo, N.Y. (Salvatore R. Martoche, U.S. Atty., W.D.N.Y., Buffalo, N.Y.), for defendant-appellant.

Kevin J. Sullivan, Buffalo, N.Y. (Paul William Beltz, P.C., Buffalo, N.Y.), for plaintiffs-appellees.

Before FEINBERG, Chief Judge, FRIENDLY and NEWMAN, Circuit Judges.

FRIENDLY, Circuit Judge:

Section 2401(b) of 28 U.S.C. states:

A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented.

The accident giving rise to the...

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