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DeGIROLAMO v. UNITED STATES

No. CV-80-0379.

518 F.Supp. 778 (1981)

Frank P. DeGIROLAMO, Plaintiff, v. UNITED STATES of America and Veterans Administration as an agent of the United States of America, Defendants.

United States District Court, E. D. New York.

February 9, 1981.

Attorney(s) appearing for the Case

James G. Burke, Jr., Station Island, N. Y., for plaintiff.

Edward R. Korman, U. S. Atty., Brooklyn, N. Y. by Jo Davis, Asst. U. S. Atty, Brooklyn, N. Y., for defendants.

MEMORANDUM OF DECISION AND ORDER

COSTANTINO, District Judge.

This summary judgment motion seeks to dismiss the complaint of the plaintiff, Frank P. DeGirolamo ("DeGirolamo"), pursuant to Rule 56 of the Fed.R.Civ.P. The Government alleges that DeGirolamo's malpractice cause of action, based on the Federal Torts Claim Act, 28 U.S.C. § 2671 et seq. ("FTCA"), is time barred by the two-year statute of limitations in 28 U.S.C. § 2401(b). The Government...

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