MARTINEZ v. UNITED STATES

No. 83-2083.

728 F.2d 694 (1984)

Rafael MARTINEZ, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 22, 1984.


Attorney(s) appearing for the Case

Arnulfo Gonzalez, Jr., Armando X. Lopez, Laredo, Tex., for plaintiff-appellant.

Robert Darden, James R. Gough, C.J. (Neil) Calnan, Letitia Zumwalt Taitte, Asst. U.S. Attys., Houston, Tex., for defendant-appellee.

Before TATE, JOHNSON and DAVIS, Circuit Judges.


TATE, Circuit Judge:

The plaintiff Martinez sues the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 2671 et seq. A tort claim against the United States is barred unless it is first presented in writing to the appropriate federal agency within two years after the claim accrues. 28 U.S.C. § 2401(b). Pursuant to the statutory authorization, 28 U.S.C. § 2672, the Attorney General prescribed regulations for the requisite initial presentation...

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