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ARIGO v. U.S.

No. 92-1992.

980 F.2d 1159 (1992)

Austin ARIGO, Jr., Personal Representative of the Estate of Samuel A. Arigo, Deceased, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 30, 1992.

Attorney(s) appearing for the Case

E. Terry Sibbernsen, Omaha, Neb., argued for appellant.

Bertha R. Mitrani, argued, Stuart M. Gerson, Daniel A. Morris, and Jeffrey Axelrad of the U.S. Attorney's Office, on brief, Washington, D.C., for appellee.

Before FAGG, BEAM, and HANSEN, Circuit Judges.

FAGG, Circuit Judge.

Austin Arigo, Jr. appeals the district court's dismissal of his wrongful death action brought under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346, 2671-2680 (1988). We affirm.

Arigo filed a wrongful death claim with the Department of Veteran's Affairs (VA) on August 8, 1990. After the VA failed to decide the claim for nearly eight months, Arigo sent the VA a letter on February 20, 1991 that stated:

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