Pius Stancavage v. United States

Third Circuit

Pius Stancavage v. United States

271 F.2d 592

CourtCourt of Appeals for the Third Circuit

DecidedNovember 5, 1959

Docket12889_1

StatusPublished

This text of 271 F.2d 592 (Pius Stancavage v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pius Stancavage v. United States, 271 F.2d 592 (3d Cir. 1959).

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Opinion

PER CURIAM.

The pleadings and the judgment of the court below in this case have been carefully examined, as have been the briefs of the parties. It is clear that the appellant, Stancavage, cannot maintain a suit under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2674. He asserts that he has been endamaged to the extent of two million dollars by reason of “radioactivity”, he having received treatment at the Naval Hospital at Philadelphia from September 17 to October 6, 1943. The Federal Tort Claims Act will sustain no cause of action which did not accrue on or after January 1, 1945. 28 U.S.C. § 1346(b). In view of this bar to Stancavage’s action it is unnecessary to discuss the applicability of any statute of limitations. The judgment appealed from will be affirmed.

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PER CURIAM.

The pleadings and the judgment of the court below in this case have been carefully examined, as have been the briefs of the parties. It is clear that the appellant, Stancavage, cannot maintain a suit under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2674. He asserts that he has been endamaged to the extent of two million dollars by reason of “radioactivity”, he having received treatment at the Naval Hospital at Philadelphia from September 17 to October 6, 1943. The Federal Tort Claims Act will sustain no cause of action which did not accrue on or after January 1, 1945. 28 U.S.C. § 1346(b). In view of this bar to Stancavage’s action it is unnecessary to discuss the applicability of any statute of limitations. The judgment appealed from will be affirmed.

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Bluebook (online)

271 F.2d 592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pius-stancavage-v-united-states-ca3-1959.

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