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LINKOUS v. U.S.

No. 97-50566.

142 F.3d 271 (1998)

Kim J. LINKOUS, Individually and as next friend of Joshua Linkous, Kirsten Linkous, and Justin Linkous, minor children, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant, Lydia Sims, M.D., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 9, 1998.

Attorney(s) appearing for the Case

William O. Whitehurst, Cynthia K. Stewart, Michael Ernest John Archuleta, Whitehurst, Harkness & Watson, Austin, TX, for Plaintiff-Appellee.

John F. Daly, Washington, DC, Barbara L. Herwig, U.S. Dept. of Justice, Civ. Div., App. Staff, Washington, DC, for Defendant-Appellant.

Katherine E. Bell-Moss, Clark, Thomas & Winters, Austin, TX, for Defendant-Appellee.

Before KING, BARKSDALE and PARKER, Circuit Judges.

ROBERT M. PARKER, Circuit Judge:

The Plaintiffs, Kim J. Linkous, individually and on behalf of her minor children, sued the Defendants, the United States and Lydia Sims, M.D., under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 1346(b), for injuries received during medical treatment at Darnell Army Community Hospital ("DACH"). The United States appeals from an order of the district court certifying that Dr. Sims...

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