WOLFENBARGER v. UNITED STATES

No. CIV-2-78-126.

470 F.Supp. 943 (1979)

Lucille WOLFENBARGER, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, E. D. Tennessee, Northeastern Division.

March 13, 1979.


Attorney(s) appearing for the Case

J. Wayne Wolfenbarger, Rutledge, Tenn., for plaintiff.

John H. Cary, U. S. Atty., Knoxville, Tenn. by Guy W. Blackwell, Jr., Asst. U. S. Atty., Greeneville, Tenn. and Robert E. Simpson, Asst. U. S. Atty. Knoxville, Tenn., for defendant.


MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

The plaintiff seeks to recover damages herein from the national sovereign under the Federal Tort Claims Act, 28 U.S.C. §§ 2671, et seq., for the wrongful death of her husband as a result of medical malpractice by employees of the defendant's Veterans' Administration. The defendant moved for a dismissal for lack of the Court's jurisdiction of the subject matter, or alternatively, for a summary...

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