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SIMON v. UNITED STATES

No. 77-102-Civ-CA.

438 F.Supp. 759 (1977)

Gary P. SIMON, as personal representative of the Estate of Jessica Marie Pope, Deceased, and on Behalf of and for the Use and Benefit of Michele Pope and James Pope, as the surviving natural parents of Jessica Marie Pope, Deceased, Michele Pope, Individually, and James Pope, a derivative claimant, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, S. D. Florida.

Finding of Fact and Conclusions of Law September 27, 1977.

Attorney(s) appearing for the Case

David J. Halberg, P. J. Carroll & Associates, P. A., Miami, Fla., for plaintiffs.

Donald R. Boswell, Asst. U. S. Atty., Miami, Fla., for defendant.

ATKINS, Chief Judge.

ORDER GRANTING MOTION TO DISMISS COUNTS, I, II & III

This action is brought under the Federal Tort Claims Act, 28 U.S.C. §§ 2671 et seq., alleging medical malpractice by government hospital personnel at Homestead Air Force Base, Homestead, Florida, in connection with the pregnancy of plaintiff, Michele Pope, resulting in the stillbirth of her unborn child, Jessica Marie Pope.

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