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RISE v. UNITED STATES

No. 78-1082.

630 F.2d 1068 (1980)

Richard RISE, Ind., etc., et al., Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Third Party Plaintiff-Appellant, v. Floyd R. COOPER and South Fulton Hospital, Third-Party Defendants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 12, 1981.

Attorney(s) appearing for the Case

Ronald R. Glancz, Susan A. Ehrlich, Atty., Appellate Sec., Civ. Div., Dept. of Justice, Washington, D. C., for defendant-third party plaintiff-appellant.

Henry Angel, Atlanta, Ga., for plaintiffs-appellees.

Before GEE, TJOFLAT and ANDERSON, Circuit Judges.

TJOFLAT, Circuit Judge:

This Federal Tort Claims Act case stems from the death of Johanna Rise on May 23, 1973. The district court granted summary judgment in favor of her surviving spouse, Richard Rise, and the Government appealed. Because we think the district judge inappropriately resolved certain factual issues on the motion for summary judgment, we reverse and remand the case for a trial on the merits.

I

The facts relevant to this case are simple...

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