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MacMILLAN v. U.S.

No. 94-60276 Summary Calendar.

46 F.3d 377 (1995)

Vickie MacMILLAN, Individually and as Mother and Next Friend of Tanya Lee, a Minor, et al., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 12, 1995.

Attorney(s) appearing for the Case

Carey R. Varnado, Montague, Pittman & Varnado, Hattiesburg, MS, for appellants.

Stephen R. Graben, Asst. U.S. Atty., George Phillips, U.S. Atty., Biloxi, MS, for appellee.

Before KING, JOLLY and DeMOSS, Circuit Judges.

PER CURIAM:

Vickie MacMillan, acting on behalf of herself and as the next friend of her daughter, Tanya Lee, brought suit under the Federal Tort Claims Act, 28 U.S.C. § 1345. MacMillan alleged that Air Force physicians negligently caused neurological damage to Tanya Lee when she was born. The government moved for summary judgment, contending that because the limitations period had run, the district court lacked subject matter jurisdiction over the suit. The district...

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