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HERRERA-DIAZ v. U.S. DEPT. OF NAVY

No. 86-6242.

845 F.2d 1534 (1988)

Victor HERRERA-DIAZ, a Minor, By and Through his Guardian, Janet Mary HERRERA-DIAZ, Plaintiff-Appellant, v. UNITED STATES of America, DEPARTMENT OF the NAVY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 4, 1988.

Attorney(s) appearing for the Case

Peter J. McNulty, Law Offices of Peter J. McNulty, Bel Air, Cal., for plaintiff-appellant.

Kathryn A. Snyder, Asst. U.S. Atty., Civil Div., San Diego, Cal., for defendant-appellee.

Before WALLACE, NORRIS and THOMPSON, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

Victor Herrera-Diaz, a youngster who suffers from cerebral palsy, appeals from a summary judgment dismissing his action against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2671 et seq. The district court concluded that Victor's medical negligence claim which he filed in 1984 was barred by the two-year statute of limitations of 28 U.S.C. § 2401(b). The court determined the claim accrued in 1978...

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