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SELL v. U.S. DEPT. OF JUSTICE

No. 08-3645.

585 F.3d 407 (2009)

Charles Thomas SELL, Appellant, v. UNITED STATES of America DEPARTMENT OF JUSTICE, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: November 6, 2009.

Attorney(s) appearing for the Case

Robert Scott Merlin, argued, Ray B. Marglous, on the brief, St. Louis, MO, for appellant.

Nicholas P. Llewellyn, AUSA, argued, St. Louis, MO, for appellee.

Before WOLLMAN, HANSEN, and SHEPHERD, Circuit Judges.

WOLLMAN, Circuit Judge.

Charles Thomas Sell sued the United States, alleging that he had been the victim of medical malpractice that occurred while he was in federal custody awaiting trial. The district court1 dismissed the case with prejudice as barred by the two-year statute of limitations for claims under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680. Sell appeals, arguing that the district court erred because...

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