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BEMBENISTA v. U.S.

No. 88-5091.

866 F.2d 493 (1989)

Joanne BEMBENISTA, et al., Appellants, v. UNITED STATES.

United States Court of Appeals, District of Columbia Circuit.

Decided January 31, 1989.

Attorney(s) appearing for the Case

Richard G. Moore, Springfield, Va., for appellants.

John C. Cleary, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., and John D. Bates and R. Craig Lawrence, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee. Wayne P. Williams, Asst. U.S. Atty., Washington, D.C., entered an appearance, for appellee.

Before MIKVA, BUCKLEY, and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

This case requires us to decide the scope of governmental liability under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-80 ("FTCA"), for a breach of the duty of protective care owed to a hospital patient. Following Sheridan v. United States, ___ U.S. ___, 108 S.Ct. 2449, 101 L.Ed.2d 352 (1988), we find that section 2680(h) of the FTCA, the assault and battery...

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