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PAYNE v. UNITED STATES

No. 82-1741.

711 F.2d 73 (1983)

Joyce A. Kandlbinder PAYNE, et al., Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 29, 1983.

Attorney(s) appearing for the Case

Robert L. Simpkins, Asst. U.S. Atty., Frederick J. Hess, U.S. Atty., East St. Louis, Ill., for defendant-appellant.

Charles I. Weitzman, Granite City, Ill., for plaintiffs-appellees.

Before CUMMINGS, Chief Judge, COFFEY, Circuit Judge, and ASPEN, District Judge.

ASPEN, District Judge.

Appellees brought this action for damages against the United States of America ("government") pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680, alleging that the death of their husband and father, James H. Kandlbinder ("Kandlbinder"), resulted from negligent medical treatment at the John Cochran Veterans Administration Hospital ("Cochran V.A.") in St. Louis, Missouri.

Pursuant to 28 U.S.C. § 636(c), the...

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