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SMITH v. MARSHALL

No. 88-5757.

950 F.2d 1477 (1991)

Marcus S. SMITH, Hildegard U. Smith, Plaintiffs-Appellants, v. William MARSHALL, Jr., M.D., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

December 18, 1991.

ORDER

In accordance with the United States Supreme Court opinion in United States v. Smith, ___ U.S. ___, 111 S.Ct. 1180, 113 L.Ed.2d 134 (1991), reversing our decision in Smith v. Marshall, 885 F.2d 650 (9th Cir.1989), we affirm the district court order substituting the United States as a defendant and dismissing the action. We also vacate our opinion at

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