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MIGNOGNA v. SAIR AVIATION, INC.

No. 1041, Docket 86-6071.

937 F.2d 37 (1991)

James MIGNOGNA, Plaintiff-Appellant, v. SAIR AVIATION, INC., Exxon Corporation, Mooney Aircraft Corporation, Hancock Field Aero Club and General William D. Stewart, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 21, 1991.

Attorney(s) appearing for the Case

Howard M. Fifer, New York City (G. Michael Simon, F. Lee Bailey and Aaron J. Broder, New York City, of counsel), for plaintiff-appellant James Mignogna.

Daniel L. Reich, Trial Atty., Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, D.C. (Stuart M. Gerson, Asst. Atty. Gen., Civ. Div., U.S. Dept. of Justice, Washington, D.C., Frederick J. Scullin, Jr., U.S. Atty. for the Northern District of New York, Syracuse, New York, of counsel), for defendant-appellee Hancock Field Aero Club.

Before LUMBARD, FRIEDMAN, and MAHONEY, Circuit Judges.

MAHONEY, Circuit Judge:

Plaintiff-appellant James Mignogna appeals from an order of the United States District Court for the Northern District of New York, Howard G. Munson, then-Chief Judge, that dismissed Mignogna's claim against Hancock Field Aero Club ("Hancock") for failure to file an administrative claim as required by 28 U.S.C. § 2675(a) (1988), a provision of the Federal Tort Claims Act ("FTCA").1 We reverse and remand...

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