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KELLEY v. UNITED STATES

No. 7, Docket 76-6159.

568 F.2d 259 (1978)

Helen D. KELLEY and John E. Kelley, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant, Ruth Semko, Defendant.

United States Court of Appeals, Second Circuit.

Decided January 3, 1978.

Attorney(s) appearing for the Case

Morton Hollander, Washington, D.C. (Rex E. Lee, Asst. Atty. Gen., Washington, D.C., James M. Sullivan, Jr., U.S. Atty., Syracuse, N.Y., William Kanter and Eloise E. Davies, Attys., Dept. of Justice, Washington, D.C., of counsel), for defendant-appellant.

Donald W. Kramer, Binghamton, N.Y. (Kramer, Wales & McAvoy, Binghamton, N.Y., of counsel), for plaintiffs-appellees.

Before MANSFIELD and TIMBERS, Circuit Judges and DOOLING, District Judge.

DOOLING, District Judge:

The United States is, under 28 U.S.C. § 2674, liable for tort claims in the same manner and extent as a private individual under like circumstances. No action may be instituted upon such a tort claim until it has been presented to the interested federal agency and has been finally denied (28 U.S.C. § 2675), and the claim must be presented in writing to the appropriate federal agency within two years after the claim accrues (28 U...

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