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CLIFFORD BY CLIFFORD v. UNITED STATES

No. 83-2420.

738 F.2d 977 (1984)

Allen A. CLIFFORD, by his guardian, Dewey J. CLIFFORD, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 19, 1984.

Attorney(s) appearing for the Case

Philip N. Hogen, U.S. Atty., Sioux Falls, S.D., Ted L. McBride, Asst. U.S. Atty., Rapid City, S.D., for appellee; Bruce W. Boyd, Sp. Asst. U.S. Atty., Rapid City, S.D., on brief.

Joel T. Hagen, Hagen & Wilka, Sioux Falls, S.D., for appellant Allen A. Clifford; Karen E. Bjerke, Hagen & Wilka, Sioux Falls, S.D., on brief.

Before ROSS, ARNOLD and FAGG, Circuit Judges.

ARNOLD, Circuit Judge.

Allen A. Clifford, by his father and guardian, Dewey Clifford, sued the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671 et seq. (1982), alleging that he had fallen into a permanent coma because of malpractice by government physicians. The District Court granted summary judgment for the government, holding that plaintiff's action was barred by the statute of limitations, 28 U.S.C. § 2401(b) (1982...

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