Legal Opinion
Christobal Rosario v. American Export-Isbrandtsen Lines, Inc. v. United States
Court of Appeals for the Third Circuit
Decided March 8, 1976No. 75--1741PublishedCited by 71 opinions
1Opinion of the Court
OPINION OF THE COURT
JAMES HUNTER, III, Circuit Judge:
The critical question presented by this appeal is whether Rosario, appellee here and plaintiff below, may be permitted to file a complaint under the Federal Tort Claims Act against the United States, which was brought into the case as a third-party defendant by American Export-Isbrandtsen Lines, without first filing an administrative claim with the appropriate government agency as required by 28 U.S.C. § 2675(a) (1970). The district court answered this question in the affirmative. For the reasons set forth below, we reverse.
I
On March 31,…
2Cases cited18 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- United States v. SherwoodSupreme Court of the United States · 1941
- Stanley Bialowas, Jr. v. United StatesCourt of Appeals for the Third Circuit · 1971
- Commonwealth of Pennsylvania, by William Sheppard, Insurance Commissioner v. National Association of Flood Insurers, an Unincorporated AssociationCourt of Appeals for the Third Circuit · 1975
- Estelle E. Caton v. United States of AmericaCourt of Appeals for the Ninth Circuit · 1974
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3Cited by71 opinions
- Hamil v. BashlineSupreme Court of Pennsylvania · 1978
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- Gary L. Adams v. United StatesCourt of Appeals for the Fifth Circuit · 1980
- Blessing v. United StatesDistrict Court, E.D. Pennsylvania · 1978
- Dicky D. Voegeli and Sharon Voegeli v. Harvard R. Lewis and Methodist Hospital, a CorporationCourt of Appeals for the Eighth Circuit · 1977
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