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WILLIAMS v. U.S.

No. 00-1118.

242 F.3d 169 (2001)

Sarah D. WILLIAMS, Administratrix of the Estate of Berlie White, Deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee, and Lenora Nations; Stephanie Lassiter; Madge Owle, Defendants. American Civil Liberties Union of North Carolina Legal Foundation, Incorporated, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided: March 2, 2001.

Attorney(s) appearing for the Case

ARGUED: Norman Barrett Smith, Smith, James, Rowlett & Cohen, L.L.P., Greensboro, NC, for Appellant. John Samuel Koppel, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, for Appellee. ON BRIEF: David W. Ogden, Acting Assistant Attorney General, Mark T. Calloway, United States Attorney, Mark B. Stern, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellee. Marshall L. Dayan, Unti, Lumsden & Smith, Raleigh, NC; Seth Jaffe, Staff Attorney, American Civil Liberties Union of North Carolina, Raleigh, NC, for Amicus Curiae.

Before WILKINS and NIEMEYER, Circuit Judges, and BOYLE, Chief United States District Judge for the Eastern District of North Carolina, sitting by designation.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILKINS joined. Chief Judge BOYLE wrote an opinion concurring in part and concurring in the result.

OPINION

NIEMEYER, Circuit Judge:

We are presented with the question of whether the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680, waives the United States' sovereign immunity with respect to a claim that an Indian hospital operated by the United States...

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