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MOYA v. U.S.

No. 93-2335.

35 F.3d 501 (1994)

Maria MOYA, as Personal Representative, for the Estate of Andelicio Moya, Plaintiff-Appellant, v. UNITED STATES of America, Department of Veteran's Affairs, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 8, 1994.

Attorney(s) appearing for the Case

William S. Ferguson, of Will Ferguson & Associates, Albuquerque, NM, for plaintiff-appellant.

John J. Kelly, U.S. Atty., and L.D. Harris, Asst. U.S. Atty., Albuquerque, NM, for defendant-appellee.

Before TACHA, BRORBY, and EBEL, Circuit Judges.

TACHA, Circuit Judge.

Plaintiff-appellant Maria Moya, as representative of the estate of Andelicio Moya, appeals from the district court's grant of summary judgment denying Ms. Moya's claim for medical malpractice and wrongful death brought pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 2671 to 2680, as being filed out of time. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I. BACKGROUND

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