USA v. Thomas J. Ballanco

03-1074Court of Appeals for the Eighth Circuit27 feb 2004

Testo completo

*
The Honorable Dean Whipple, Chief Judge, United States District Court for
the Western District of Missouri.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 03-2777
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Eric L. Wesson, *
*
Appellant, * Appeal from the United States
* District Court for the Western
v. * District of Missouri.
*
United States of America, * [UNPUBLISHED]
*
Appellee. *
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Submitted: February 26, 2004
Filed: February 27, 2004
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Before MORRIS SHEPPARD ARNOLD, FAGG, and SMITH, Circuit Judges.
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PER CURIAM.
Eric L. Wesson appeals the district court’s * order dismissing as time-barred
Wesson’s Federal Tort Claims Act (FTCA) suit against the United States. Under 28
U.S.C. § 2401(b), an FTCA claim against the United States is barred unless presented
to the appropriate federal agency within two years after the claim accrues. Wesson
presented his claim to the Veteran’s Administration in July 2001, and we agree with
the district court Wesson knew of the alleged injury and suspected its cause by at

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least August 1993. See Motley v. United States, 295 F.3d 820, 822 (8th Cir. 2002).
Accordingly, we affirm. See 8th Cir. R. 47B.
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