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BIRD v. U.S.

No. 90-7025.

949 F.2d 1079 (1991)

Roger BIRD, Individually and as surviving spouse of Delaine Bird, deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 25, 1991.

Attorney(s) appearing for the Case

Steven R. Hickman of Frasier & Frasier, Tulsa, Okl., for plaintiff-appellant.

Ralph F. Keen, Asst. U.S. Atty. (John Raley, U.S. Atty., with him on the brief), Muskogee, Okl., for defendant-appellee.

Before SEYMOUR and TACHA, Circuit Judges, and CHRISTENSEN, District Judge.

CHRISTENSEN, Senior District Judge.

This appeal arises from a suit under the Federal Tort Claims Act (FTCA) in which it was alleged that negligence on the part of a certified registered nurse anesthetist (CRNA) as an employee of the government caused the death of Delaine Bird, wife of the plaintiff-appellant Roger Bird.1 The central issue is whether the CRNA was an employee of the government within the contemplation of the FTCA. The district...

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