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HART v. U.S.

No. 89-3193.

894 F.2d 1539 (1990)

Anne M. HART, individually and as natural guardian for Gillian Elaine Hart, Vera Lee Hart, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 1, 1990.

Attorney(s) appearing for the Case

Michael P. Finney, Asst. U.S. Atty., Pensacola, Fla., Robert S. Greenspan, U.S. Dept. of Justice, Civil Div., Appellate Staff, Thomas M. Bondy, Major James M. Kinsella, U.S. Air Force, General Litigation Div., Office of the Judge Advocate Gen., Lt. Col. Wm. C. Kirk and Major James N. Hatten, Judge Advocate Gen., Dept. of the Army, Washington, D.C., for defendant-appellant.

Robert L. Crongeyer, Fran L. Frick, Pensacola, Fla., for plaintiffs-appellees.

Before JOHNSON, HATCHETT and ANDERSON, Circuit Judges.

JOHNSON, Circuit Judge:

The United States appeals the district court's grant of summary judgment in favor of appellee Anne Hart, 681 F.Supp. 1518, and the court's decision after a bench trial in favor of Vera Hart and Gillian Hart under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346(b), 2671-2680.

I. STATEMENT OF THE CASE

A. Facts

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