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OWEN v. U.S.

No. 90-8195.

935 F.2d 734 (1991)

Eugene OWEN and Dora Owen, Individually and As Next Friend For Alicia Marie Owen, A Minor, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 29, 1991.

Attorney(s) appearing for the Case

D. Bruce La Pierre, Peter R. Maier, Robert S. Greenspan, Asst. Director, Jacob M. Lewis, Civ. Div. U.S. Dept. of Justice, Washington, D.C., John F. Paniszczyn, Asst. U.S. Atty., Ronald F. Ederer, U.S. Atty., San Antonio, Tex., for defendant-appellant.

William Vance Dunnam, Jr., Dunnam, Dunnam, Horner & Meyer, Waco, Tex., for plaintiffs-appellees.

Before GOLDBERG, HIGGINBOTHAM, and JONES, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 29, 1991.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The United States appeals an order denying it the protections of Louisiana's malpractice liability cap. We conclude that, although it has not contributed to a patient's compensation fund, the United States is in "like circumstances" with private individuals who have contributed to the fund, and that the cap is valid under the Louisiana constitution.

I....

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