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OTTO v. NATIONAL INSTITUTE OF HEALTH

No. 86-3993.

815 F.2d 985 (1987)

Linda L. OTTO, Plaintiff-Appellant, Hugh Otto, Plaintiff, v. NATIONAL INSTITUTE OF HEALTH, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 8, 1987.

Attorney(s) appearing for the Case

Leslie L. Gladstone, on brief, for plaintiff-appellant.

Catherine Curtis Blake, First Asst. U.S. Atty. (Breckinridge L. Willcox, U.S. Atty., on brief), for defendant-appellee.

Before WIDENER and HALL, Circuit Judges, and SENTELLE, United States District Judge for the Western District of North Carolina, sitting by designation.

K.K. HALL, Circuit Judge:

Linda L. Otto appeals an order of the district court granting summary judgment for the United States of America and denying appellant leave to amend her complaint in this medical malpractice action brought pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671, et seq. ("FTCA"). Contrary to the conclusion reached by the district court, we hold that Otto's action is not barred by the FTCA's two-year statute...

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