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MILLER v. TOATLEY

No. 98-373.

137 F.Supp.2d 724 (2000)

Calvin MILLER, et al., v. Donald U. TOATLEY, M.D. and the United States.

United States District Court, W.D. Louisiana, Lake Charles Division.

June 1, 2000.

Attorney(s) appearing for the Case

Russell T. Tritico, Lake Charles, for Calvin K. Miller, Individually & as natural tutor obo Megan Lynette Miller, Katina Miller, Individually & as natural tutrix obo Megan Lynette Miller, plaintiffs.

James B. Doyle, Sr., Michele S. Caballero, Woodley Williams, et al., Tara B. Hawkins, Kean Miller, et al., Lake Charles, Allen J. Mitchell, II, Stockwell Sievert, et al., Lake Charles, Janice E Hebert, U.S. Atty.'s Office, Lafayette, for Donald U. Toatley, Bayou Comprehensive Health Foundation Ltd., United States of America, defendants.

MEMORANDUM RULING

TRIMBLE, District Judge.

Presently before the court are two motions for summary judgment [docs. 13 & 18]. The first is by defendant the United States of America and the second is by defendant Dr. Donald U. Toatley. These motions are brought pursuant to Rule 56(b) of the Federal Rules of Civil Procedure. Since both motions essentially raise the same issue as to whether the United States is a proper party to this lawsuit, the court...

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