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QUINTANA v. U.S.

No. 92-2107.

997 F.2d 711 (1993)

Loretta J. QUINTANA, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Motion to Publish Granted, June 29, 1993.

Attorney(s) appearing for the Case

Raymond R. Flowers, Jr., Albuquerque, NM, for plaintiff-appellant.

Stuart M. Gerson, Asst. Atty. Gen., Washington, DC, Don J. Svet, U.S. Atty., Albuquerque, NM, Jeffrey Axelrad, Director, Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, DC, Paul F. Figley, Deputy Director, Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, DC, and Bertha R. Mitrani, Trial Atty., Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, DC, for defendant-appellee.

Before TACHA and BARRETT, Circuit Judges, and BROWN, District Judge.

TACHA, Circuit Judge.

Appellant Quintana brought this medical malpractice action for damages under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b), 2671-80. The district court granted the government's motion to dismiss for lack of subject matter jurisdiction and Quintana appealed. We exercise jurisdiction under 28 U.S.C. § 1291 and affirm.1

Quintana is a member of the New Mexico National Guard and the...

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