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BRYANT v. U.S.

CIV No. 98-1495PCT RCB.

126 F.Supp.2d 1227 (2000)

Marilyn BRYANT, individually and on behalf of Vincent Jay Bryant; Tom Bryant; Joshua Homer Bryant; Sonny Bryant; and Teancum Bryant, Plaintiffs, v. The UNITED STATES of America; and Barbara Franc, Defendants.

United States District Court, D. Arizona.

January 8, 2000.

Attorney(s) appearing for the Case

John D. Everroad, Kim Seibert Alvarado, Fennemore Craig PC, Phoenix, AZ, for Marilyn Bryant on Behalf of Vincent Jay Bryant, Tom Bryant, Joshua Homer Bryant, Sonny Bryant and Teancum Bryant.

John Robert Mayfield, U.S. Attorney's Office, Phoenix, AZ, Madeline Henley, U.S. Dept. of Justice, Torts Branch, Civil Division, Washington, DC, for U.S.

ORDER

BROOMFIELD, District Judge.

Currently pending before the court are motions for partial summary judgment filed by Plaintiffs and Defendant United States. Both Plaintiffs and Defendant seek summary judgment on the issue of whether the New Mexico Medical Malpractice Act applies in this case to limit the liability of the United States. The court heard oral argument on June 14, 1999, at which time it took the matter under advisement. Having carefully considered...

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