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BERTI v. V.A. HOSP.

No. 87-2226.

860 F.2d 338 (1988)

Paul R. BERTI, Plaintiff-Appellant, v. V.A. HOSPITAL, and Does 1 through 10, inclusive, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 26, 1988.

Attorney(s) appearing for the Case

Gary E. Gamel, San Jose, Cal., for plaintiff-appellant.

Stephen L. Meagher, Asst. U.S. Atty., San Francisco, Cal., for defendant-appellee.

Before CHOY, SNEED and CANBY, Circuit Judges.

CHOY, Circuit Judge:

Paul R. Berti ("Berti") appeals from the district court's order dismissing his action under the Federal Tort Claims Act ("FTCA") for alleged negligent medical treatment he received at a Veterans Administration ("V.A.") hospital. The district court dismissed the action for lack of subject matter jurisdiction because the complaint was untimely filed. We affirm.

BACKGROUND

In October 1982, Berti, a 70 year old veteran, was admitted...

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