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McDONALD v. U.S.

No. 86-2137.

843 F.2d 247 (1988)

Joseph B. McDONALD, and Delois C. McDonald, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 31, 1988.

Attorney(s) appearing for the Case

Angelo J. Polizza, Chambers, Steiner, Mazur, Ornstein & Amlin, P.C., Angela J. Nicita, George Menendez and Richard J. Carolan, argued, Detroit, Mich., for plaintiffs-appellants.

Evelyn D. Sahr, argued, Trial Atty., Civil Div., Dept. of Justice, and Jo Brooks, Washington, D.C., for defendant-appellee.

Before MERRITT, KRUPANSKY and RYAN, Circuit Judges.

KRUPANSKY, Circuit Judge.

Plaintiffs Joseph B. McDonald (McDonald) and his wife, Delois C. McDonald, filed this medical malpractice action on May 31, 1985 seeking damages for negligent performance of a surgery performed at the Ann Arbor, Michigan Veterans Administration Hospital (V.A.) in August 1980. The district court dismissed the claim as barred by the two year statute of limitations of 28 U.S.C. § 2401(b) and plaintiffs...

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