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BUNTING v. U.S.

No. 88-3672.

884 F.2d 1143 (1989)

Jacque BUNTING, as Personal Representative of the Estate of Harold Dierich, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 22, 1989.

As Amended on Denial of Rehearing and Rehearing September 22, 1989.

Attorney(s) appearing for the Case

Lewis Gordon, Baily & Mason, Anchorage, Alaska, for plaintiff-appellant.

Michael R. Spaan, U.S. Atty., Lt. Cmdr. Ronald L. Nelson, Sp. Asst. U.S. Atty., and Mark A. Rosenbaum, Asst. U.S. Atty., Anchorage, Alaska, for defendant-appellee.

Before NELSON, BOOCHEVER and BRUNETTI, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc September 22, 1989.

NELSON, Circuit Judge:

Jacque Bunting, as personal representative of the Estate of Harold Dierich, appeals from a judgment for the defendant, United States of America, in a wrongful death and medical malpractice action filed under the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq. (the "FTCA"). The estate makes three arguments: (1) that the district court erred in concluding...

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