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MINER v. U.S.

No. 95-3063.

94 F.3d 1127 (1996)

Audrey MINER, mother and natural guardian of Kimberly Miner, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 22, 1996.

Rehearing Denied October 29, 1996.

Attorney(s) appearing for the Case

Robert G. Mines, Hot Springs, South Dakota, argued (Andrew Reid, on the brief), for appellant.

Bonnie P. Ulrich, argued (Robert A. Mandel, on the brief), for appellee.

Before MAGILL, ROSS and MURPHY, Circuit Judges.

ROSS, Circuit Judge.

Appellant Audrey Miner (Miner), mother and natural guardian of Kimberly Miner, filed this medical malpractice action against the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 2671, et seq., alleging Kimberly suffered permanent physical impairment as a result of the negligent care provided by Indian Health Service (IHS) employees during Kimberly's birth. Miner now appeals the district court's1

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