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COLLINS v. UNITED STATES

No. 81-1515.

708 F.2d 499 (1983)

Curtis COLLINS and Anne Collins, Individually and on behalf of their son, Curtis M. Collins, Jr., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied June 24, 1983.

Attorney(s) appearing for the Case

Ronald C. Morgan, Albuquerque, N.M., for plaintiffs-appellants.

L.D. Harris, Asst. U.S. Atty., Albuquerque, N.M. (R.E. Thompson, U.S. Atty., Albuquerque, N.M., with him on the brief), for defendant-appellee.

Before HOLLOWAY, BARRETT and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

Plaintiffs Curtis and Anne Collins appeal from the district court's order granting the United States' motion for summary judgment in this medical malpractice action brought under the Federal Tort Claims Act, 28 U.S.C. § 1346(b). In granting the motion, the district court held that a release executed between these plaintiffs and a hospital and persons connected with that hospital settling a prior...

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