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LeMAIRE BY AND THROUGH LeMAIRE v. U.S.

No. 85-1577.

826 F.2d 949 (1987)

Forrestine D. LEMAIRE, By and Through her conservator, Howard C. Lemaire, and Howard C. Lemaire, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 13, 1987.

Attorney(s) appearing for the Case

Peter A. Goldstein, Peter A. Goldstein, P.C., Colorado Springs, Colo. (James S. Bertagnolli, James S. Bertagnolli, P.C., Colorado Springs, Colo., was also on the brief), for plaintiffs-appellants.

Nancy Rice, Asst. U.S. Atty., Denver, Colo. (Robert N. Miller, U.S. Atty., Denver, Colo., was also on the brief), for defendant-appellee.

Before HOLLOWAY, Chief Judge, and SEYMOUR and ANDERSON, Circuit Judges.

HOLLOWAY, Chief Judge.

This appeal arises from a medical malpractice suit brought under the Federal Tort Claims Act, 28 U.S.C. § 1346(b) (1982). After a two-day trial to the court, the district judge issued his findings and conclusions and entered judgment in favor of the defendant. This timely appeal followed, and we now affirm.

I.

The factual background

The plaintiff, Mrs. Forrestine LeMaire, was hospitalized at Fort Carson...

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