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ESTATE OF MILLER v. U.S.

No. CIV. 4-00-CV-10709.

157 F.Supp.2d 1071 (2001)

ESTATE of Geraldine MILLER, and Jessica Williams, Plaintiffs, v. UNITED STATES of America, and Marion County Care Facility, Defendants.

United States District Court, S.D. Iowa, Central Division.

July 17, 2001.

Attorney(s) appearing for the Case

Randal J Giannetto, Mowry & Irvine, Marshalltown, IA, James W Carney, Carney Appleby & Brewick PLC, Des Moines, IA, for Geraldine Miller, Jessica Williams, plaintiffs.

Craig Peyton Gaumer, United States Attorney, Des Moines, IA, for U.S., defendant.

Thomas J Logan, Hopkins & Huebner, Des Moines, IA, for Marion County Care Facility, defendant.

ORDER

LONGSTAFF, Chief Judge.

THE FOLLOWING THREE MOTIONS are pending before the Court: 1) a motion to dismiss plaintiff's consortium claim, filed by defendant United States of America on March 2, 2001; 2) plaintiff's motion for reconsideration, filed May 8, 2001; and 3) the United States' motion to strike jury demand, filed June 7, 2001. All motions have been resisted and are fully submitted.

I. BACKGROUND

The decedent, Geraldine Miller...

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