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McGUCKIN v. U.S.

No. 89-15430.

918 F.2d 811 (1990)

Jerome Jude McGUCKIN, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 6, 1990.

Attorney(s) appearing for the Case

John D. Kaufmann and Margaret S. Phillips, Tucson, Ariz., for plaintiff-appellant.

Gerald S. Frank, Asst. U.S. Atty., Tucson, Ariz., for defendant-appellee.

Before WRIGHT, FARRIS and NOONAN, Circuit Judges.

FARRIS, Circuit Judge:

McGuckin appeals an order denying rehearing after the district court dismissed his Federal Tort Claims action for failure to name the United States as a defendant and failure to serve the United States Attorney and Attorney General within the six-month statute of limitations. We reverse.

On June 14, 1988, the Bureau of Prisons informed McGuckin by certified mail that it denied his claim for injuries he sustained in a fall at the Federal...

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