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STEPHENSON EX REL. STEPHENSON v. U.S.

No. Civ 98-762 BB/DJS.

147 F.Supp.2d 1106 (2001)

Stacie STEPHENSON, on behalf of Zachary STEPHENSON, Plaintiff, v. The UNITED STATES of America, Defendant.

United States District Court, D. New Mexico.

June 14, 2001.

Attorney(s) appearing for the Case

Stephen T. LeCuyer, Mettler & LeCuyer, P.C., Albuquerque, New Mexico, for plaintiff.

Elizabeth M. Martinez, Assistant United States Attorney, Albuquerque, New Mexico, for defendant.

OPINION

BLACK, District Judge.

THIS MATTER comes before the Court for consideration of cross-motions for summary judgment filed by the parties (Docs. 57, 64, 72). The Court has reviewed the submissions of the parties and the relevant law, and, for the reasons set forth below, finds that Defendant's motion will be denied, and Plaintiff's motion granted.

This is a Federal Tort Claims Act ("FTCA") case that has been before the Court once before...

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