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SCHAEFER v. UNITED STATES

No. 68 C 104(1).

288 F.Supp. 93 (1968)

May Delle SCHAEFER, Plaintiff, v. UNITED STATES of America (Fitzsimmons Gen'l Hospital, Denver, Colorado), a general army hospital, Defendant.

United States District Court E. D. Missouri, E. D.

June 12, 1968.

Attorney(s) appearing for the Case

Penrose C. Martindale, St. Louis, Mo., for plaintiff.

Veryl L. Riddle, U. S. Atty., Irvin L. Ruzicka, Asst. U. S. Atty., St. Louis, Mo., for defendant.

MEMORANDUM OPINION AND ORDER

HARPER, Chief Judge.

This case is before the court upon a motion by defendant to dismiss the complaint for failure to state a cause of action for the reason that the court lacks jurisdiction of the matter because the complaint shows on its face that the filing was untimely and the action is barred by 28 U.S.C. 2401(b).

While the rule with respect to the bar of limitations should be raised by an affirmative plea, the courts...

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