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DUCHARME v. U.S.

No. 87-1262.

850 F.2d 27 (1988)

Irene DUCHARME, etc., Plaintiff, Appellee, v. UNITED STATES of America, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 29, 1988.

Attorney(s) appearing for the Case

Gretchen Leah Witt, Asst. U.S. Atty., with whom Richard V. Wiebusch, U.S. Atty., Concord, N.H., was on brief for appellant.

Jay M. Niederman, Manchester, N.H., for appellee.

Before COFFIN, Circuit Judge, ALDRICH, Senior Circuit Judge, and BREYER, Circuit Judge.

BREYER, Circuit Judge.

Leo Ducharme's wife and his estate sued the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-80 (1982), claiming that negligence at the Veterans Administration Medical Center ("V.A.") in Manchester, New Hampshire caused Leo Ducharme's death in late 1979. After a trial (without jury), the district court found for the plaintiffs. The government appeals, arguing that the record evidence does not support those...

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