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RENDON v. U.S.

No. CIV. A. 99-5912.

91 F.Supp.2d 817 (2000)

Zulay RENDON, Individually and as parent and natural guardian of Karina Garcia, a minor, v. UNITED STATES of America, et al.

United States District Court, E.D. Pennsylvania.

April 4, 2000.

Attorney(s) appearing for the Case

John J. Speicher, Rhoda, Stoudt, Bradley, Reading, PA, for plaintiff.

James G. Sheehan, Annetta Foster, Givhan, U.S. Attorney's Office, Philadelphia, PA, for Philadelphia Health Services, defendant.

Kevin C. Cottone, White & Williams, LLP, Philadelphia, PA, for Episcopal Hosp., defendant.

James L. Moore, Jr., Kent & McBride, P.C., Philadelphia, PA, for Dr. Harshad, K. Patel, LeHigh Avenue Radiology Associates, Inc., defendants.

MEMORANDUM

LUDWIG, District Judge.

Defendant United States moves to dismiss this action on the ground that it is barred by the Federal Torts Claims Act, 28 U.S.C. § 1346. Fed.R.Civ.P. 12. Before the issue can be reached, it is necessary to decide the propriety of the substitution of the United States as a party defendant. Because the record on that subject is not ready for a ruling, the disposition of the dismissal motion will be deferred.

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