Legal Opinion

Landis v. United States

District Court, N.D. Ohio

Decided January 18, 1972No. Civ. 71-735YPublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

BATTISTI, Chief Judge.

The United States has moved to dismiss this complaint for want of jurisdiction and because the complaint is barred' by the statute of limitations. This complaint was filed under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. The accident in question allegedly occurred on August 26, 1969, and suit was filed on July 23, 1971.

Section 2675(a) of Title 28 requires that an administrative claim be first filed as a prerequisite before this Court may exercise its jurisdiction. It provides, inter alia; An action shall not be instituted upon a…

2Cases cited3 opinions

  1. Stanley Bialowas, Jr. v. United StatesCourt of Appeals for the Third Circuit · 1971
  2. Driggers v. United StatesDistrict Court, D. South Carolina · 1970
  3. Whealton v. United StatesDistrict Court, E.D. Virginia · 1967

3Cited by6 opinions

  1. Robinson v. United States NavyDistrict Court, E.D. Pennsylvania · 1972
  2. Richland-Lexington Airport District v. Atlas Properties, Inc.District Court, D. South Carolina · 1994
  3. Miller v. United StatesDistrict Court, D. Minnesota · 1976
  4. De Groot v. United StatesDistrict Court, N.D. Iowa · 1974
  5. Mudlo v. United StatesDistrict Court, W.D. Pennsylvania · 1976

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