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HALEY v. UNITED STATES

No. 82-2008.

739 F.2d 1502 (1984)

Fleeta H. HALEY, and Allen Haley, Sr., Plaintiffs-Appellees, v. The UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 3, 1984.

Attorney(s) appearing for the Case

Pamela A. Hornett, Atty., Washington, D.C. (J. Paul McGrath, Asst. Atty. Gen., Mark S. Feldheim, Asst. Director, Torts Branch, Dept. of Justice, Washington, D.C. and Francis Keating, U.S. Atty., Tulsa, Okl., with her on the brief), for defendant-appellant.

James Clinton Garland, Tulsa, Okl. (James E. Frasier, Tulsa, Okl., with him on the brief) of Frasier, Frasier & Gullekson, Tulsa, Okl., for plaintiffs-appellees.

Before BARRETT, DOYLE and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

The United States has appealed from a $190,000 judgment entered against it in a suit brought by Fleeta A. Haley and her husband Allen Haley for medical negligence under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671-2680. The government contends that the trial court made several clearly erroneous findings of fact and erred in holding that at the time of the alleged injury Oklahoma recognized the doctrine of informed consent...

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