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HOKANSEN v. U.S.

Nos. 86-2136, 86-2137, 86-2139 and 86-2140.

868 F.2d 372 (1989)

Karen L. HOKANSEN, fka Karen L. Neil; Cecile Lou Browning, heir-at-law and next of kin of Aimee Uffner, deceased minor, Cecile Lou Browning, Successor To Randall J. Price, Special Administrator of the Estate of Aimee Uffner, deceased; Amalia R. Zapata; and Amalia R. Zapata, Plaintiffs/Appellants, v. UNITED STATES of America, Defendant/Appellee.

United States Court of Appeals, Tenth Circuit.

February 16, 1989.

Attorney(s) appearing for the Case

Roger M. Theis, Render & Kamas, Wichita, Kan. (Paul L. Thomas, Render & Kamas and Andrew W. Hutton, Michaud, Cordry, Michaud, Hutton & Hutton, Wichita, Kan., with him on the briefs), for plaintiffs-appellants.

Alleen S. Castellani, Asst. U.S. Atty., Topeka, Kan. (Benjamin L. Burgess, Jr., U.S. Atty., D. Kansas, with her on the brief) for defendant-appellee.

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

STEPHEN H. ANDERSON, Circuit Judge.

Seven and one-half months after being released from nine days' treatment as a voluntary inpatient at the Veterans Administration Medical Center ("VAMC") in Wichita, Kansas, Robert Garcia shot four people, killing Maria Robles, her son Gabriel Longoria, and Aimee Uffner, and causing permanent injuries to Karen Neil. Ms. Neil and representatives of the deceased victims sued the United States under the Federal Tort Claims Act, 28 U...

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