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FANOELE v. U.S.

Civil Action No. 95-2211-GTV.

975 F.Supp. 1394 (1997)

Dana Lynn FANOELE, Plaintiff, v. UNITED STATES of America and General Security Services Corporation, Defendants.

United States District Court, D. Kansas.

August 15, 1997.

Attorney(s) appearing for the Case

Steven J. Borel, Amy L. Coopman, Borel & Associates, Kansas City, MO, Aldo P. Caller, Shawnee Mission, KS, for Dana Lynn Fanoele.

Janice M. Karlin, Office of U.S. Atty., Kansas City, MO, for U.S.

Thomas E. Rice, Jr., Thomas N. Sterchi, Baker, Sterchi, Cowden & Rice, L.L.C., Kansas City, MO, Gretchen E. Schmidt, Truman Medical Center, Kansas City, MO, for General Security Services Corp.

Thomas L. Theis, Sloan, Listrom, Eisenbarth, Sloan & Glassman, Topeka, KS, Michael L. Bennett, Law Offices of Daniel P. Hanson, Overland Park, KS, for St. Francis Hospital & Medical Center, Inc.

MEMORANDUM AND ORDER

VAN BEBBER, Chief Judge.

Plaintiff brings this action against the United States1 under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 1346(b) and § 2671 et seq. Before the court are the following:

(1) Defendant United States' motion (Doc. 223) to dismiss pursuant to Fed. R.Civ.P. 12(b)(1), or, in the alternative, for summary judgment pursuant to Fed.R.Civ.P. 12(b)(6);

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