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HATCHELL v. UNITED STATES

No. 84-6262.

776 F.2d 244 (1985)

Thomas F. HATCHELL, Plaintiff-Appellant, v. UNITED STATES of America, the United States Department of Justice, Bureau of Prisons, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 8, 1985.

Attorney(s) appearing for the Case

Edwin S. Saul, Frank G. Blundo, Jr., Law Offices of Frank G. Blundo, Jr., Encino, Cal., for plaintiff-appellant.

Robert C. Bonner, U.S. Atty., Frederick M. Brosio, Jr., Ronald K. Silver, Asst. U.S. Atty., Los Angeles, Cal., for defendants-appellees.

Before BROWNING, KENNEDY and HUG, Circuit Judges.

KENNEDY, Circuit Judge:

Appellant Thomas Hatchell filed a tort claim against the United States for injuries from lung disease, allegedly caused by unsanitary conditions at Levenworth Penitentiary where he had been in custody. His administrative claim was filed on October 23, 1980 with the Bureau of Prisons, United States Department of Justice. The government contends that it mailed notice of final denial of the claim on January 14, 1981, and that the tort action commenced...

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