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PLYLER v. U.S.

No. 89-3202.

900 F.2d 41 (1990)

William Ernest PLYLER; Debra K. Plyler, Individually and as Guardians for Sallie Anne Plyler, a minor, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant, and Allen Jones, M.D.; David Keely, M.D.; Lewisville Family Care Center; the Chester County Hospital, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided April 11, 1990.

Attorney(s) appearing for the Case

Mark William Pennak, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for defendant-appellant.

Thomas DeWitt Rogers III, Ness, Motley, Loadholt, Richardson & Poole, Charleston, S.C., for plaintiffs-appellees.

John R. Bolton, Asst. Atty. Gen., John F. Cordes, Civ. Div., U.S. Dept. of Justice, Washington, D.C., Vinton D. Lide, U.S. Atty., Columbia, S.C., on brief, for defendant-appellant.

J.B. Ness, Ness, Motley, Loadholt, Richardson & Poole, Charleston, S.C., on brief, for plaintiffs-appellees.

Before WIDENER and WILKINSON, Circuit Judges, and WARD, Senior District Judge for the Middle District of North Carolina, sitting by designation.

WIDENER, Circuit Judge:

The United States appeals from a judgment of the district court awarded to William E. Plyler and Debra K. Plyler resulting from the alleged medical malpractice of Allen Jones and David Keely, who were at the time physicians and employees of the United States Public Health Service. The government argues that the district court lacked jurisdiction over the Plylers' claim because they had not exhausted...

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