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NEWBERRY v. UNITED STATES

No. 76-4061 Summary Calendar.

554 F.2d 708 (1977)

Thomas D. NEWBERRY et al., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 30, 1977.

Attorney(s) appearing for the Case

George M. Papale, Gretna, La., for plaintiffs-appellants.

Michaelle F. Pitard, Asst. U. S. Atty., Gerald J. Gallinghouse, U. S. Atty., Mary W. Cazalas, Asst. U. S. Atty., New Orleans, La., for defendant-appellee.

Before THORNBERRY, RONEY and HILL, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 30, 1977.

PER CURIAM:

This malpractice claim arose under the Federal Tort Claims Act, 28 U.S.C. §§ 2674 et seq. (1970), and alleges improper prescription of birth control pills resulting in circulatory disorders. Judge Christenberry of the Eastern District of Louisiana heard the case, but he passed away before he could deliver decision. Decision was rendered by Judge Schwartz on the basis of the...

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