Dillon v. United States

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 of 28 U.S.C. § 2675(a). Giving defendant’s motion due consideration, the Court finds no merit therein and orders that it be denied.

FACTUAL BACKGROUND

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