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KNAPP v. U.S.

No. 87-1143.

844 F.2d 376 (1988)

Lillian KNAPP, Personal Representative of the Estate of Julius J. Knapp, Deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 19, 1988.

Rehearing and Rehearing Denied July 14, 1988.

Attorney(s) appearing for the Case

Alvin L. Levine (argued), Levine, Benjamin, Tushman, Bratt, Jerris & Stein, P.C. Bloomfield Hills, Mich., for plaintiff-appellant.

Pamela Thompson (argued), Asst. U.S. Atty., Detroit, Mich., for defendant-appellee.

Before LIVELY, Chief Judge, and JONES and BOGGS, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 14, 1988.

LIVELY, Chief Judge.

This is a Federal Tort Claims Act (FTCA) case in which the district court concluded that it lacked jurisdiction because the plaintiff had failed to file a proper administrative claim with the Veterans Administration (VA) before the statute of limitations had expired. The effect of its holding was to treat non-statutory requirements found in Department of Justice regulations as establishing...

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