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BARREN BY BARREN v. U.S.

No. 87-5314.

839 F.2d 987 (1988)

John BARREN, an incompetent, by his guardian, Henrietta BARREN, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Third Circuit.

Decided February 23, 1988.

Rehearing and Rehearing Denied March 28, 1988.

Attorney(s) appearing for the Case

Sal Cognetti, Jr. (argued), Timothy E. Foley, Bour, Gallagher, Foley, Cognetti, Cowley & Douglass, Scranton, Pa., for appellant.

Richard K. Willard, Asst. Atty. Gen., James J. West, U.S. Atty., John F. Cordes, Katherine S. Gruenheck (argued), Appellate Staff, Civ. Div., U.S Dept. of Justice, Washington, D.C., for appellee.

Before SLOVITER, BECKER, and COWEN, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 28, 1988.

OPINION OF THE COURT

COWEN, Circuit Judge.

This appeal is from an order which entered judgment in favor of plaintiff awarding damages on a claim of medical malpractice, brought pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 2671 et seq. Since plaintiff failed to file his notice of claim within two years after its accrual...

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