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BURNS v. UNITED STATES

No. 84-3599.

764 F.2d 722 (1985)

Robert F. BURNS, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 28, 1985.

Attorney(s) appearing for the Case

Robert J. Sewell, Jr., Smith Law Firm, Helena, Mont., for plaintiff-appellant.

George F. Darragh, Jr., Great Falls, Mont., for defendant-appellee.

Before BROWNING, Chief Judge, ANDERSON, and REINHARDT, Circuit Judges.

J. BLAINE ANDERSON, Circuit Judge:

Robert F. Burns filed suit against the United States pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2671 et seq., alleging medical malpractice as a result of treatment he received at a Veterans Administration (V.A.) hospital. Relying on 28 U.S.C. § 2675(a), the district court granted defendant's motion for summary judgment and dismissed the action, ruling that a sufficient administrative claim had not been...

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