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MOTLEY v. U.S.

No. 01-2353.

295 F.3d 820 (2002)

Rosalyn MOTLEY, et al., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 5, 2002.

Attorney(s) appearing for the Case

Michael E. Hughes, argued, St. Louis, MO (Josh P. Tolin, on the brief), for appellant.

Nicholas P. Llewellyn, Asst. U.S. Atty., argued, St. Louis, MO, for appellee.

Before: LOKEN, RICHARD S. ARNOLD, and MURPHY, Circuit Judges.

LOKEN, Circuit Judge.

Rosalyn Motley gave birth to a stillborn baby girl on February 7, 1996. On May 14, 1998, Motley and the baby's father filed a wrongful death action in the City of St. Louis Circuit Court against People's Health Center, Inc. (PHC), alleging that PHC's substandard prenatal care caused the baby's intrauterine fetal demise. The United States certified the claim under the Federal Tort Claims Act (FTCA), removed the case to the Eastern District of...

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