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SCHOEMER v. U.S.

No. 94-20793 Summary Calendar.

59 F.3d 26 (1995)

Jens SCHOEMER and Shirre Schoemer, Plaintiffs-Appellants, v. UNITED STATES of America, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 25, 1995.

Attorney(s) appearing for the Case

Oliver Jackson Schrumpf, Sulphur, LA, for appellants.

Robert S. Greenspan, Asst. Dir., U.S. Dept. of Justice, Lowell V. Sturgill, Jr., Washington, DC, Gaynell Griffin Jones, U.S. Attys., Samuel G. Longoria, Houston, TX, for appellants.

Before DUHÉ, WIENER and STEWART, Circuit Judges.

DUHÉ, Circuit Judge:

Jens and Shirre Schoemer appeal the district court's dismissal of their suit against the United States. Jens Schoemer sought recovery for alleged medical malpractice under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671-2680 (1988), and his wife Shirre Schoemer sought damages for loss of her husband's income, support, and consortium. The court dismissed the case for lack of subject matter jurisdiction based on

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