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MENDEZ BY MARTINEZ v. U.S.

No. 84 Civ. 6941.

655 F.Supp. 701 (1987)

Luis A. MENDEZ, an infant, By his guardian, Teresa MARTINEZ, Plaintiff, v. UNITED STATES of America, Defendant.

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

January 30, 1987.

Attorney(s) appearing for the Case

Speiser & Krause, P.C., New York City, for plaintiff; Kenneth P. Nolan, of counsel.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, for defendant; Stephen Dvorkin, Noel Ferris, Asst. U.S. Attys., of counsel.

INTRODUCTION

IRVING BEN COOPER, District Judge.

Plaintiff, guardian of minor Luis Anthony Mendez, brings this action on behalf of her grandson under the Federal Tort Claims Act (hereinafter "F.T.C.A."), 28 U.S.C. §§ 1346(b), 2671 et seq. (1982), alleging personal injury as a result of malpractice by government doctors. The government asserts that the action is time barred under 28 U.S.C. § 2401(b) (1982) since plaintiff did not present...

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