Legal Opinion
Helen D. Kelley and John E. Kelley v. United States of America, Ruth Semko
Court of Appeals for the Second Circuit
Decided January 3, 1978No. 7, Docket 76-6159PublishedCited by 66 opinions
1Opinion of the Court
DOOLING, District Judge:
The United States is, under 28 U.S.C. § 2674, liable for tort claims in the same manner and extent as a private individual under like circumstances. No action may be instituted upon such a tort claim until it has been presented to the interested federal agency and has been finally denied (28 U.S.C. § 2675), and the claim must be presented in writing to the appropriate federal agency within two years after the claim accrues (28 U.S.C. § 2401(b)). Failure to act on the claim for six months may at the claimant’s option be treated as a final denial. 28 U.S.C. § 2675.
Where…
2Cases cited35 opinions
- Feres v. United StatesSupreme Court of the United States · 1950
- Indian Towing Co. v. United StatesSupreme Court of the United States · 1955
- Best Bearings Co., an Illinois Corporation v. United StatesCourt of Appeals for the Seventh Circuit · 1972
- Christobal Rosario v. American Export-Isbrandtsen Lines, Inc. v. United StatesCourt of Appeals for the Third Circuit · 1976
- Mary Eileen Meeker v. United StatesCourt of Appeals for the Eighth Circuit · 1970
30 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- William Hohri v. United StatesCourt of Appeals for the D.C. Circuit · 1986
- Jeanina Celestine v. Mount Vernon Neighborhood Health Center, United States of America, No. 04-0839-CvCourt of Appeals for the Second Circuit · 2005
- Condon v. StateCourt of Appeals of Maryland · 1993
- David M. Wollman v. Jake Gross, Jr.Court of Appeals for the Eighth Circuit · 1980
- Valdez Ex Rel. Donely v. United StatesCourt of Appeals for the Second Circuit · 2008
61 more not listed; retrieve them via the Exa API.