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WEISE v. UNITED STATES

No. 83-1344.

724 F.2d 587 (1984)

Reinhold WEISE, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 5, 1984.

Attorney(s) appearing for the Case

Robert T. Gruenberg, Asst. U.S. Atty., Dan K. Webb, U.S. Atty., Chicago, Ill., for defendant-appellant.

Steven K. Jambois, Chicago, Ill., for plaintiff-appellee.

Before BAUER and ESCHBACH, Circuit Judges, and CAMPBELL, Senior District Judge.

ESCHBACH, Circuit Judge.

Reinhold Weise brought a medical malpractice action against the United States under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 2671-2680. The district court entered judgment for Weise. On appeal, the government presents three challenges to the judgment. First, it claims that, in entering judgment for Weise, the district court ignored its own finding that Weise had not met his burden of persuasion. Next, it contends that,...

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