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WEISGAL v. SMITH

No. 84-6582.

774 F.2d 1277 (1985)

Samuel Joseph WEISGAL, Appellant, v. William French SMITH, Atty. Gen.; Norman A. Carlson; William Garrison; Fred Walker; Donnie Ray Smith; United States of America, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 16, 1985.

Attorney(s) appearing for the Case

Gerald T. Zerkin, Richmond, Va. (Zerkin, Heard & Scovill, Richmond, Va., on brief), for appellant.

Debra J. Prillaman, Asst. U.S. Atty., Richmond, Va. (Elsie L. Munsell, U.S. Atty., Alexandria, Va., on brief), for appellees.

Before WINTER, Chief Judge, and RUSSELL and HALL, Circuit Judges.

DONALD RUSSELL, Circuit Judge.

This is a Federal Tort Claims [FTCA] action asserted by way of an amended complaint, which the plaintiff would relate back under provisions of Rule 15(c), Fed.R.Civ.P., to the initial filing of the action in order to avoid the time-bar for such an action stated in 28 U.S.C. § 2401(b). The Magistrate to whom the matter was referred, found that the conditions for "relation back" as set forth in Rule 15(c) were not met and dismissed...

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