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BERG v. UNITED STATES

No. 85-1969.

806 F.2d 978 (1986)

Philip E. BERG, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Third Party Plaintiff-Appellant, Board of Regents, University of Colorado Medical Center and Dr. Robert Lattes, Third Party Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 5, 1986.

Attorney(s) appearing for the Case

Nancy E. Rice, Asst. U.S. Atty. (Robert N. Miller, U.S. Atty. and Janis E. Chapman, Asst. U.S. Atty., with her on the briefs), Denver, Colo., for defendant-third party plaintiff.

Bennett S. Aisenberg, of Denver, Colo., for plaintiff-appellee.

Michael S. Porter (Robert W. Hansen, with him on the brief), of Hansen, Howe, Holmes and Porter, P.C., Denver, Colo., for third party defendants-appellees.

Before HOLLOWAY, Chief Judge, and SETH and TACHA, Circuit Judges.

TACHA, Circuit Judge.

The United States appeals from a decision of the United States District Court for the District of Colorado awarding $258,267 in damages to the plaintiff in this medical malpractice suit. The government claims that the court erred in finding that it was liable for the injuries suffered by the plaintiff, in granting summary judgment for the third-party defendants, and in holding that the collateral source...

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