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JOHNSON v. UNITED STATES

Nos. 84-5308, 84-5347.

780 F.2d 902 (1986)

Kenneth JOHNSON, as Personal Representative of the Estate of Carlos Clintell Johnson, a deceased minor, and Kenneth Johnson, individually and Brenda Johnson, individually, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant. Kenneth JOHNSON, as Personal Representative of the Estate of Carlos Clintell Johnson, a deceased minor, and Kenneth Johnson, individually and Brenda Johnson, individually, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 21, 1986.

Attorney(s) appearing for the Case

Stanley Marcus, U.S. Atty., Jeffrey D. Fisher and Linda Collins Hertz, Asst. U.S. Attys., Miami, Fla., for defendant-appellant.

Charles Stack, High, Stack, Lazenby, Bender, Palahach & Lacasa, P.A., and Philip J. Cole, Coral Gables, Fla., for plaintiffs-appellees.

Before RONEY and KRAVITCH, Circuit Judges, and THOMAS, District Judge.

RONEY, Circuit Judge:

In this medical malpractice action brought under the Federal Torts Claims Act (FTCA), the United States appeals from a $2 million judgment awarded to the plaintiffs, parents of an infant who died of iron poisoning. Plaintiffs cross-appeal the denial of attorney's fees. The Government challenges a variety of evidentiary rulings, certain "outside research" of the trial judge, numerous factual findings, the taxing of costs, and the amount of damages...

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