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POWERS v. SCHULTZ

No. 87-5532 Summary Calendar.

821 F.2d 295 (1987)

Debra POWERS, et al., Plaintiffs-Appellants, v. Herbert W. SCHULTZ, M.D., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 13, 1987.

Attorney(s) appearing for the Case

Richard B. Arrotta, Tucson, Ariz., Lockie J. Gibson, Houston, Tex., for plaintiffs-appellants.

Gordon D. Laws, Raymond A. Nowak, Asst. U.S. Attys., San Antonio, Tex., Nikki Calvano, Jeffrey Axelrad, Attys., U.S. Dept. of Justice, Civil Div., Washington, D.C., for defendant-appellee.

Before GEE, RUBIN and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This suit was brought in Texas state court against Dr. Schultz, alleging a medical malpractice claim against him in his individual capacity for a diagnosis made when he was serving as a physician in the United States Air Force in West Germany. The United States, representing Dr. Schultz, removed the suit to federal court pursuant to 10 U.S.C. § 1089(c)1 The ...

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