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DRAZAN v. UNITED STATES

No. 84-2389.

762 F.2d 56 (1985)

Louise DRAZAN, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 20, 1985.

Attorney(s) appearing for the Case

James R. Figliulo, Oran, Wiss & Schultz, Chicago, Ill., for plaintiff-appellant.

Eileen M. Marutzky, Asst. U.S. Atty., Dan K. Webb, U.S. Atty., Chicago, Ill., for defendant-appellee.

Before WOOD, POSNER and FLAUM, Circuit Judges.

POSNER, Circuit Judge.

This suit under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq., was dismissed as barred by the Act's two-year statute of limitations for filing (as a prerequisite to suit) an administrative claim, 28 U.S.C. § 2401(b). The plaintiff has appealed, raising an interesting question about when a cause of action for failure to discover and treat an illness arises and sets the statute of limitations running.

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