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AUGUSTINE v. UNITED STATES

No. 80-5472.

704 F.2d 1074 (1983)

Richard AUGUSTINE, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 26, 1983.

Attorney(s) appearing for the Case

Gary E. Donahoe, Robbins & Green, P.A., Phoenix, Ariz., for plaintiff-appellant.

Paul A. Katz, Asst. U.S. Atty., Phoenix, Ariz., for defendant-appellee.

Before KENNEDY, PREGERSON, and REINHARDT, Circuit Judges.

REINHARDT, Circuit Judge:

Plaintiff Richard Augustine brought an action for damages under the Federal Tort Claims Act (FTCA)1 for the alleged malpractice of Air Force dental surgeons. The Government filed a motion to dismiss for lack of subject matter jurisdiction based on Augustine's alleged failure to comply in a timely manner with the administrative claim requirement of 28 U.S.C. § 2401(b) (1976).2...

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