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DEMPSEY BY AND THROUGH DEMPSEY v. U.S.

No. 92-2042.

32 F.3d 1490 (1994)

Loren DEMPSEY, a minor, suing By and Through her parents and natural guardians, Lonney DEMPSEY and Pansy Dempsey; Lonney Dempsey and Pansy Dempsey, individually, Plaintiffs-Appellees, Cross-Appellants, v. UNITED STATES of America, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 8, 1994.

Attorney(s) appearing for the Case

Benjamin W. Beard, Asst. U.S. Atty., Pensacola, FL, William G. Cole, Edward R. Cohen, Appellate Staff, Civ. Div., Dept. of Justice, Washington, DC, for appellants.

James F. McKenzie, Pensacola, FL, for appellees.

Before TJOFLAT, Chief Judge, CARNES, Circuit Judge, and JOHNSON, Senior Circuit Judge.

PER CURIAM:

I.

On February 27, 1988, Pansy Dempsey, wife of Lonney Dempsey, Sr., a retired enlistee in the United States Air Force, gave birth to a baby girl at Eglin Air Force Base Hospital.1 The child, Loren, was born with extreme breathing difficulties that, in conjunction with her doctors' negligent attempts at resuscitation, resulted in Loren's becoming severely retarded. On February...

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