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WEHRMAN v. U.S.

No. 87-5030-MN.

830 F.2d 1480 (1987)

Floyd L. WEHRMAN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 8, 1987.

Attorney(s) appearing for the Case

Robert W. Rischmiller, Minneapolis, Minn., for appellant.

Robert M. Small, Asst. U.S. Atty., Minneapolis, Minn., for appellee.

Before McMILLIAN, Circuit Judge, GIBSON, Circuit Judge, and ROSENN, Senior Circuit Judge.

ROSENN, Senior Circuit Judge.

In this appeal from a grant of summary judgment, the plaintiff, Floyd L. Wehrman, asserts that his claim for damages arising out of alleged malpractice by a Veterans Administration hospital is not barred by the two-year limitation period set forth in 28 U.S.C. § 2401(b),1 because the allegedly tortious continuing treatment did not end until some time within two years prior to his complaint. Because we...

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