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JOHNSTON v. U.S.

No. 91-1641.

955 F.2d 19 (1992)

Ronald NMN JOHNSTON, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 5, 1992.

Attorney(s) appearing for the Case

Andrea R. Cassem, Brian Eberstein & Assoc., Dallas, Tex., for defendant-appellant.

Paula Mastropieri-Billingsley, Asst. U.S. Atty., Marvin Collins, U.S. Atty., Dallas, Tex., for defendant-appellee.

Before THORNBERRY, KING and DEMOSS, Circuit Judges.

PER CURIAM:

Johnston sued the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680, alleging negligence in the medical treatment he received from a V.A. hospital. He filed his complaint on the day before the six-month limitations period expired, but did not serve the United States Attorney until three days later. The United States filed a motion to dismiss arguing that Johnston's failure to serve the United States Attorney within the statutory...

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