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JONES v. NEWTON

No. 84-2751. Summary Calendar.

775 F.2d 1316 (1985)

Deborah J. JONES, Individually and as next friend of Lanae Elizabeth Jones, and as Representative of the Estate of Lanie L. Jones, Plaintiff-Appellant, v. William Dennis NEWTON, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 8, 1985.

Attorney(s) appearing for the Case

John Gano, Houston, Tex., for plaintiff-appellant.

Helen M. Eversberg, Jack B. Moynihan, Asst. U.S. Atty., San Antonio, Tex., for defendant-appellee.

Before POLITZ, GARWOOD and JOLLY, Circuit Judges.

OPINION

PER CURIAM:

This appeal presents for our consideration the denial of a motion to remand to state court under 10 U.S.C. § 1089 to allow the plaintiff to proceed against a defendant military physician who is immune under the Federal Tort Claims Act. We affirm the district court.

I

The plaintiff's decedent, Lanie Jones, was a thirty-six year old member of the United States Air...

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