HANCE v. U.S.

No. CIV-88-1262S.

773 F.Supp. 551 (1991)

Dawn Marlene HANCE, As Mother and Natural Guardian of Kevin C. Hance and Dawn Marlene Hance, Individually, Plaintiffs, v. UNITED STATES of America, United States Department of the Air Force, USAF Regional Hospital, Eglin, Defendants.

United States District Court, W.D. New York.

September 5, 1991.


Attorney(s) appearing for the Case

Elizabeth Ciambrone, Gibson, McAskill & Crosby, Buffalo, N.Y., for plaintiffs.

Dennis C. Vacco, U.S. Atty. by Mark S. Perla, Asst. U.S. Atty., Buffalo, N.Y., for defendants.


DECISION AND ORDER

SKRETNY, District Judge.

Defendants bring this motion for summary judgment pursuant to Fed.R.Civ.P. 56, on the grounds that this Court lacks subject matter jurisdiction because plaintiffs failed to present their claim brought pursuant to the Federal Tort Claims Act (the "Act") to the appropriate federal agency within two years of its accrual, as required by the Act, 28 U.S.C. § 2401(b...

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