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HERNANDEZ v. UNITED STATES

No. 79-1589.

636 F.2d 704 (1980)

Patricia HERNANDEZ et al., Appellants, v. UNITED STATES of America.

United States Court of Appeals, District of Columbia Circuit.

Decided September 17, 1980.

Attorney(s) appearing for the Case

Robert J. Stanford, Washington, D. C., for appellants. Gale Molovinsky, Washington, D. C., also entered an appearance for appellants.

Christopher A. Myers, Asst. U. S. Atty., Washington, D. C., with whom Carl S. Rauh, U. S. Atty., Washington, D. C., at the time the brief was filed, and John A. Terry and Peter E. George, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before TAMM, ROBINSON and WILKEY, Circuit Judges.

Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

The plaintiff in this case brought an action under the Federal Tort Claims Act, Pub.L.No. 79-601, tit. IV, § 401, 60 Stat. 812 (1946) (codified in scattered sections of 28 U.S.C.), alleging medical malpractice by a government physician. After trial, the district court found that the plaintiff had not proved malpractice and entered judgment for the government. Because the court's finding...

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