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McDONALD v. U.S.

No. 89-4510.

898 F.2d 466 (1990)

Peggy Rugh McDONALD, Valerie L. McDonald, Michelle K. McDonald Hamilton, Kimberly S. McDonald, Lisa Dawn McDonald Fitzgerald, heirs at Law of Raymond L. McDonald, Deceased, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 18, 1990.

Attorney(s) appearing for the Case

William T. Reed, Pascagoula, Miss., for plaintiffs-appellants.

Stephen R. Graben, Asst. U.S. Atty., George Phillips, U.S. Atty., Biloxi, Miss., for defendant-appellee.

Before GEE, GARZA and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Peggy McDonald appeals the dismissal of her suit against the United States for failure to serve the U.S. Attorney, as required by Fed.R.Civ.P. 4(d)(4). We affirm.

I.

Peggy McDonald brought this action under the Federal Tort Claims Act alleging that her husband had died as a result of negligent medical treatment at the hands of an Air Force physician. McDonald sent a copy of her petition by certified mail to the United...

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