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KLINE v. DEPARTMENT OF HEALTH & HUMAN SERVICES

No. 89-6205.

927 F.2d 522 (1991)

Tommie KLINE, Plaintiff-Appellant, v. DEPARTMENT OF HEALTH & HUMAN SERVICES; Indian Health Services, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 6, 1991.

Attorney(s) appearing for the Case

Steven M. Angel, Oklahoma City, Okl., for plaintiff-appellant.

Stuart M. Gerson, Asst. Atty. Gen., Washington, D.C., Timothy Leonard, U.S. Atty., Oklahoma City, Okl., and Leonard Schaitman and Jennifer H. Zacks, Attys., Civ. Div., U.S. Dept. of Justice, Washington, D.C., for defendants-appellees.

Before ANDERSON, TACHA and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

Plaintiff appeals from an order of the district court granting defendant's motion to dismiss which it construed as a motion for summary judgment.1

Defendant has moved to dismiss this appeal on the grounds that it is untimely. On July 20, 1988, the district court entered an order granting defendant's motion to dismiss. This order was properly entered on the docket. On May 5, 1989, the court entered judgment...

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