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McKENITH v. U.S.

Civ. A. No. 90-2662.

771 F.Supp. 670 (1991)

Joseph McKENITH, Plaintiff, v. UNITED STATES of America, United States Postal Service, and Samuel Banks, Jr., Defendants.

United States District Court, D. New Jersey.

September 1, 1991.

Attorney(s) appearing for the Case

Michael Chertoff, U.S. Atty. for New Jersey by Anthony J. La Bruna, Jr., Sp. Asst. U.S. Atty., Newark, N.J., for plaintiff.

William J. Ewing, Montclair, N.J., for defendants.

HAROLD A. ACKERMAN, District Judge:

This matter comes before the court on the motion of the defendant United States to dismiss the complaint for lack of jurisdiction pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Specifically, the government argues that plaintiff's complaint is barred by the statute of limitations contained in the Federal Tort Claims Act. See 28 U.S.C. § 2401(b) (1988). Joseph McKenith ("McKenith") opposes the government...

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