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DOLAN v. U.S. POSTAL SERVICE

No. 03-1840.

377 F.3d 285 (2004)

Barbara DOLAN; Michael Dolan, W/H, Appellants v. THE UNITED STATES POSTAL SERVICE; United States of America.

United States Court of Appeals, Third Circuit.

August 2, 2004.

Attorney(s) appearing for the Case

James R. Radmore, Law Office of James R. Radmore, P.C., Philadelphia, for Appellants.

Patrick L. Meehan, United States Attorney, Laurie Magid, Deputy United States Attorney for Policy and Appeals, Virginia A. Gibson, Assistant United States Attorney, Chief, Civil Division, Nancy L. Griffin, Assistant United States Attorney, Philadelphia, for Appellees.

Before SCIRICA, Chief Judge, ROTH and MCKEE, Circuit Judges.

Submitted Under Third Circuit LAR 34.1(a) on February 10, 2004.

OPINION

ROTH, Circuit Judge.

Appellant Barbara Dolan was injured allegedly as a result of mail negligently placed on her porch by a United States Postal Service (USPS) employee. Having properly exhausted her administrative remedies, Dolan filed a claim under the Federal Tort Claims Act (FTCA) in the United States District Court for the Eastern District of Pennsylvania. Citing 28 U.S...

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