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TARPEH-DOE v. U.S.

No. 92-5198.

28 F.3d 120 (1994)

Linda Wheeler TARPEH-DOE, Individually and As Mother and Next Friend of Nyenpan Tarpeh-Doe, II, et al., Appellees, v. UNITED STATES of America, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided July 5, 1994.

Attorney(s) appearing for the Case

Sally Rider, Asst. U.S. Atty., Washington, DC, argued the cause for the appellants. On brief were J. Ramsey Johnson, U.S. Atty. at the time the brief was filed, and John D. Bates, R. Craig Lawrence and Madelyn E. Johnson, Asst. U.S. Attys., Washington, DC.

Randell Hunt Norton, Washington, DC, argued the cause for the appellees. On brief were John Jude O'Donnell and Joseph Michael Hannon, Jr., Washington, DC.

Before MIKVA, Chief Judge; WILLIAMS and HENDERSON, Circuit Judges.

Opinion for the court filed by Circuit Judge HENDERSON.

Dissenting opinion filed by Chief Judge MIKVA.

KAREN LeCRAFT HENDERSON, Circuit Judge:

Linda Wheeler Tarpeh-Doe (Linda) and Marilyn Wheeler, Linda's mother and the legal guardian of Linda's son, Nyenpan Tarpeh-Doe (Nyenpan), filed this action seeking damages against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b) and §§ 2671 et seq., for the...

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