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WEST v. UNITED STATES

No. 78-1449.

592 F.2d 487 (1979)

Stanley Lee WEST, Sr. and Faye West, as next friends and parents of Stanley Lee West, Jr., Appellees, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 16, 1979.

Attorney(s) appearing for the Case

Eloise E. Davies, Atty., Appellate Section, Civil Div., Dept. of Justice, Washington, D. C., for appellant; Barbara Allen Babcock, Asst. Atty. Gen., William Kanter, Atty., Appellate Section, Civil Div., Dept. of Justice, Washington, D. C., and William H. Dillahunty, U. S. Atty., Little Rock, Ark., on brief.

Bill R. Holloway, Holloway & Haddock, Lake Village, Ark., for appellees.

Before HEANEY and McMILLIAN, Circuit Judges, and SMITH, Senior District Judge.

McMILLIAN, Circuit Judge.

This is an interlocutory appeal from an order entered by the District Court for the Eastern District of Arkansas denying appellant United States' motions to dismiss appellees' amended complaint and for summary judgment. For the reasons discussed below, we reverse the order of the district court and remand the case with directions to dismiss for lack of jurisdiction.

On December 3, 1973, infant Stanley Lee West, Jr. was seriously injured...

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