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MILLER v. U.S.

No. 90-2628.

932 F.2d 301 (1991)

Karen P. MILLER, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 6, 1991.

Amended by order filed May 6, 1991.

Attorney(s) appearing for the Case

Clifford John Shoemaker, Vienna, Va., for plaintiff-appellant.

Gill Paul Beck, Office of the Judge Advocate Gen., Dept. of the Army, Washington, D.C., argued (Henry E. Hudson, U.S. Atty., Robert C. Erickson, Asst. U.S. Atty., Alexandria, Va., on brief), for defendant-appellee.

Before POWELL, Associate Justice (Retired), U.S. Supreme Court, sitting by designation, and PHILLIPS and WILKINS, Circuit Judges.

PHILLIPS, Circuit Judge:

The question is whether a wrongful death action brought under the Federal Tort Claims Act, 28 U.S.C. § 1346, by Karen Miller as executrix of the estate of Milica Petzak against the United States, claiming medical malpractice by government doctors as the cause of Mrs. Petzak's death, was time-barred. The district court held that it was and dismissed the claim by summary judgment.

We conclude that under Virginia law, which defines...

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