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McBRIDE v. UNITED STATES

No. 26771.

462 F.2d 72 (1972)

Peggy W. McBRIDE, individually and as next friend of Susan Kay McBride, et al., Plaintiffs-Appellants, v. UNITED STATES of America, a body politic and sovereign, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

June 14, 1972.

Attorney(s) appearing for the Case

Daral G. Conklin (argued), of Conklin & Kimura, Honolulu, Hawaii, for plaintiffs-appellants.

William J. Eggers, Asst. U. S. Atty. (argued), Michael R. Sherwood, Asst. U. S. Atty., Robert K. Fukuda, U. S. Atty., Honolulu, Hawaii, for defendant-appellee.

Before BROWNING, WRIGHT and CHOY, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

After Commander Robert McBride, a retired naval officer, suffered a fatal heart attack, his widow and minor children commenced this wrongful death action against the United States under 28 U.S.C. § 1346(b). They claim the death was proximately caused by negligent failure of the duty doctor at Tripler Army Hospital, Hawaii, to admit McBride to a coronary care unit.

The parties agreed to bifurcate the trial and to litigate...

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