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WARD v. U.S.

Nos. 86-5978, 86-5979 and 86-6122.

838 F.2d 182 (1988)

Robert I. WARD and Ruth Ward, Plaintiffs-Appellants, Cross-Appellees, v. UNITED STATES of America, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 3, 1988.

Attorney(s) appearing for the Case

Wayne Taylor, Omer and Taylor, James R. Omer (argued), Nashville, Tenn., for plaintiffs-appellants, cross-appellees.

W. Hickman Ewing, Jr., U.S. Atty., Memphis, Tenn., Joe Dycus, for defendant-appellee, cross-appellant.

Before JONES and GUY, Circuit Judges, and BROWN, Senior Circuit Judge.

BAILEY BROWN, Senior Circuit Judge.

Plaintiffs Robert I. Ward and Ruth Ward, husband and wife, appeal the judgment of the district court for the defendant in this Federal Tort Claims Act case brought for the alleged medical malpractice of a surgeon-employee of defendant. Plaintiffs contend that the district court was clearly erroneous in finding that plaintiffs had not proved by a preponderance of the evidence that the surgeon performed surgery contrary to the applicable...

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