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PASCALE v. U.S.

No. 92-5563.

998 F.2d 186 (1993)

Joseph M. PASCALE v. UNITED STATES of America (D.C. Civil No. 92-00695). Joseph M. PASCALE v. James S. KALAFATIS; United States of America; Department of the Treasury; United States Secret Service; John Doe (a fictitious name) (D.C. Civil No. 92-01351). Joseph M. Pascale, Appellant.

United States Court of Appeals, Third Circuit.

Decided July 8, 1993.

Attorney(s) appearing for the Case

Jeffrey W. Warden (Argued), Bongiovanni, Collins & Warden, P.A., Denville, NJ, for appellant.

Michael Chertoff, U.S. Atty., Suzanne R. Dyer (Argued), Asst. U.S. Atty., Anthony J. LaBruna, Sp. Asst. U.S. Atty., Newark, NJ, for appellee.

Before: SLOVITER, Chief Judge, COWEN and LEWIS, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Chief Judge.

This case requires us to consider the interaction of the two statutory provisions governing timely filing of claims under the Federal Tort Claims Act: 28 U.S.C. § 2401(b) (1988), which requires a claimant to file suit within six months of the agency's final denial of the claim, and 28 U.S.C. § 2675(a) (1988), which authorizes a claimant to treat inaction by the agency for six months as a final denial...

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