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DILLON v. UNITED STATES

Civ. No. 79-3044.

480 F.Supp. 862 (1979)

Sandra DILLON, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. South Dakota, C. D.

December 4, 1979.

Attorney(s) appearing for the Case

J. M. Grossenburg, Day & Grossenburg, Winner, S. D., for plaintiff.

John J. Ulrich, Asst. U. S. Atty., Sioux Falls, S. D., for defendant.

MEMORANDUM OPINION

CASE SUMMARY

DONALD J. PORTER, District Judge.

Complaint was filed in this case under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq., on July 6, 1979. Defendant moved to dismiss paragraphs 5 and 6 of the complaint on November 14, 1979, on the grounds that these allegations were not presented to the Indian Health Services of the United States Department of Health, Education and Welfare, and so failed to meet the requirements...

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