Angela M. Stewart, a Minor by Mary Stewart, Her Mother and Next Friend v. United States of America

MARKEY, Chief Judge.

In a letter dated September 27, 1979, the Postal Service denied plaintiff's claim for injuries suffered in a collision with one of its trucks. In accord with the Federal Tort Claims Act, 28 U.S.C. § 2401 (Act), the letter notified plaintiff of her right to file suit “against the United States . .. not later than six months from the date of this letter.” Plaintiff sued the Postal Service and its truck driver on March 26,1980. The Government moved to dismiss or for summary judgment on June 2, 1980, on the ground that the United States is the only proper defendant under the…