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HICKS v. SMALL

No. 94-15011.

69 F.3d 967 (1995)

Allen W. HICKS, Plaintiff-Appellant, v. Dr. Elisabeth SMALL, M.D., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 23, 1995.

Attorney(s) appearing for the Case

George F. McNally, McNally & Rounds, Reno, Nevada, for plaintiff-appellant.

Shirley Smith, Assistant United States Attorney, Reno, Nevada, for defendant-appellee.

Before: BEEZER and THOMPSON, Circuit Judges, and EZRA, District Judge.

EZRA, District Judge:

This appeal presents two principal issues. First, does the Veterans' Judicial Review Act of 1988, 38 U.S.C. § 7251 et seq. (1991) ("the VJRA"), provide an exclusive remedial structure that precludes Appellant from asserting a Bivens cause of action in district court? Second, did the district court properly determine that it lacked subject matter jurisdiction under 38 U.S.C. § 511(a) (1991), to hear Appellant's state tort...

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