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LOWDER v. U.S.

No. 87-1452.

831 F.2d 785 (1987)

Joseph and Mildred LOWDER, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 20, 1987.

Attorney(s) appearing for the Case

Charles T. Traw, Iowa City, Iowa, for appellants.

Christopher D. Hagen, Asst. U.S. Atty., Des Moines, Iowa, for appellee.

Before LAY, Chief Judge, FLOYD R. GIBSON, Senior Circuit Judge, and MAGILL, Circuit Judge.

FLOYD R. GIBSON, Senior Circuit Judge.

Joseph and Mildred Lowder appeal the district court's1 judgment in favor of the United States in this medical malpractice action brought under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671. For the reasons stated below we affirm.

I. BACKGROUND

On August 25, 1958, Joseph Lowder fell approximately twenty feet from a roof while working at the Rock Island Arsenal...

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