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McGARR v. UNITED STATES

Nos. 83-1710, 83-1729.

736 F.2d 912 (1984)

Edward C. McGARR, Parent and Natural Guardian of Edward Christopher McGarr, a minor, and Edward C. McGarr, in his own right, Appellants in No. 83-1710, v. UNITED STATES of America, Appellant in No. 83-1729.

United States Court of Appeals, Third Circuit.

Decided June 15, 1984.

Attorney(s) appearing for the Case

Lawrence E. Grant, Esther Hornick (argued), Paoli, Pa., for appellant, cross-appellee, McGarr.

Edward S.G. Dennis, Jr., U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Chief of Appeals, Susan Dein Bricklin, Asst. U.S. Atty. (argued), Philadelphia, Pa., for appellee and cross-appellant, United States.

Before GIBBONS and HUNTER, Circuit Judges, and STAPLETON, District Judge.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

Edward C. McGarr, on his own behalf and as parent and guardian of his minor son, appeals from an order entered on September 15, 1983, dismissing with prejudice his complaint against the United States under the Federal Tort Claims Act, 28 U.S.C. § 1346(b) (1982). The United States cross-appeals, contending that the district court abused its discretion in reentering its order of dismissal on September 15, 1983...

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