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VANCE BY AND THROUGH HAMMONS v. U.S.

No. 95-5391.

90 F.3d 1145 (1996)

Carl L. VANCE, By and Through his attorney in fact, Debra Vance HAMMONS, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 25, 1996.

Attorney(s) appearing for the Case

Neil E. Duncliffe (argued and briefed), Georgetown, KY, for Plaintiff-Appellant.

Thomas Lee Gentry, Asst. U.S. Atty. (argued and briefed), Office of the U.S. Attorney, Lexington, KY, for Defendant-Appellee.

Before: MARTIN and MOORE, Circuit Judges; JOINER, District Judge.

JOINER, District Judge.

This is a Federal Torts Claims Act case in which plaintiff, Carl Vance, alleges that the medical staff at two Veterans Administration health facilities committed malpractice in their care and treatment of him. The district court entered summary judgment against Vance three months after the complaint was filed and before any discovery was conducted, and denied Vance's subsequent motion to vacate the judgment. We are persuaded, based on the facts...

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