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ALLEN v. VETERANS ADMIN.

No. 83-2160.

749 F.2d 1386 (1984)

Betty Lou ALLEN, Plaintiff-Appellant, v. VETERANS ADMINISTRATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 27, 1984.

Attorney(s) appearing for the Case

Glynn P. Falcon, Alfred P. Chasuk, Inc., Mountain View, Cal., for plaintiff-appellant.

Sandra Willis, Asst. U.S. Atty., San Francisco, Cal., for defendant-appellee.

Before KENNEDY and CANBY, Circuit Judges, and NIELSEN, District Judge.

KENNEDY, Circuit Judge:

The issue on appeal is whether the United States had received sufficient notice of an original complaint so that by an amended complaint the United States could be added as a named party to the action after the statute of limitations expired. The plaintiff mistakenly sued a federal agency instead of the United States, the proper defendant. She served her complaint upon the agency within the period of limitations. The United States Attorney...

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