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ATKINSON v. UNITED STATES

No. 85-2200.

804 F.2d 561 (1986)

Joyce ATKINSON, Plaintiff/Appellant, v. UNITED STATES of America, Defendant/Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 14, 1986.

Attorney(s) appearing for the Case

Allan S. Haley, Nevada City, Cal., for plaintiff/appellant.

Mark J. Bennett, Asst. U.S. Atty., Honolulu, Hawaii, for defendant/appellee.

Before NELSON, CANBY and NOONAN, Circuit Judges.

NELSON, Circuit Judge:

Plaintiff-appellant Joyce Atkinson appeals from the district court's grant of summary judgment to the defendant-appellee United States. Atkinson argues that the court erred in finding the United States immune from liability under the Federal Tort Claims Act for malpractice incident to pre-natal care she received from military personnel. We have jurisdiction under 28 U.S.C. § 1291 (1982), and we reverse.

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