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NEMMERS v. U.S.

No. 88-1876.

870 F.2d 426 (1989)

Ronald J. NEMMERS and Sarah L. Nemmers, as parents and next friends of Eric P. Nemmers, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 17, 1989.

Attorney(s) appearing for the Case

Dee V. Benson, Deputy Atty. Gen., Washington, D.C., for defendant-appellant.

Edward R. Durree, Strodel, Kingery & Durree, Assoc., Peoria, Ill., for plaintiffs-appellees.

Before BAUER, Chief Judge, CUDAHY, Circuit Judge, and GRANT, Senior District Judge.

BAUER, Chief Judge.

This is the government's second appeal from an order of the district court awarding the plaintiffs damages under the Federal Tort Claims Act for negligent medical treatment before and during the birth of their son. In the first appeal, this court vacated the judgment and remanded the case to the district court to redetermine, under the correct legal standard, whether this suit was barred by the statute of limitations. Nemmers v. United States...

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