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WINN v. UNITED STATES

No. 76-2548.

593 F.2d 855 (1979)

Marjorie WINN, Personal Representative of the Estate of Homer A. Winn, Deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

January 31, 1979.

Attorney(s) appearing for the Case

Jan Thomas Baisch (argued), Portland, Or., for plaintiff-appellant.

Jonathan M. Hoffman, Asst. U. S. Atty. (argued), Portland, Or., for defendant-appellee.

Before WRIGHT and ANDERSON, Circuit Judges, and SHARP, District Judge.

PER CURIAM:

This appeal seeks reversal of a decision by the United States District Court for the District of Oregon which granted a motion for summary judgment in favor of the United States. Plaintiff sought recovery against the Veterans Administration for the alleged wrongful death of her husband on a theory of medical malpractice. The district court interpreted the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680 (1970), as one which does not create...

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