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HAYES v. U.S. ON BEHALF OF U.S. DEPT. OF ARMY

No. 94-40774 Summary Calendar.

44 F.3d 377 (1995)

Cherrie HAYES, spouse of David Hayes, and tutrix for Michael Stewart Hayes and Ehren Scott Hayes, Plaintiff-Appellant, v. The UNITED STATES of America on Behalf of U.S. DEPARTMENT OF ARMY and Dr. Brian T. Anthony, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 15, 1995.

Attorney(s) appearing for the Case

Donald G. Kelly, Jeffrey H. Thomas, Kelly, Townsend & Thomas, Natchitoches, LA, for appellant.

Carl E. Perry, Thomas B. Thompson, John R. Halliburton, Asst. U.S. Attys., Michael D. Skinner, Lafayette, LA, for appellees.

Before SMITH, EMILIO M. GARZA and PARKER, Circuit Judges.

ROBERT M. PARKER, Circuit Judge:

Cherrie Hayes, the widow of decedent David Hayes, appeals the district court's order dismissing her malpractice claim against the United States government (Government) for lack of subject matter jurisdiction pursuant to Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950). We affirm.

FACTS

Hayes instituted a medical...

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