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BURSZTAJN v. U.S.

No. 03-30478 Summary Calendar.

367 F.3d 485 (2004)

Sherry BURSZTAJN; et al., Plaintiffs, Sherry Bursztajn, Plaintiff-Appellant, and State of Louisiana, on behalf of Louisiana State Office of Risk Management, on behalf of the Office of the Governor, Intervenor Plaintiff-Appellant, v. UNITED STATES of America; United States Department of Army, Defendants-Intervenor Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 29, 2004.

Attorney(s) appearing for the Case

Patrick Edgerton Henry, Sharp, Henry, Cerniglia, Colvin, Weaver & Hymel, Baton Rouge, LA, for Plaintiff-Appellant.

Rodney Patton, U.S. Dept. of Justice, Washington, DC, Jennifer Bailey Drago, Lafayette, LA, for Defendants-Appellees.

Before JOLLY, WIENER, and PICKERING, Circuit Judges.

PER CURIAM:

Plaintiff-Appellant Sherry Bursztajn, M.D., a professor at Louisiana State University Medical Center in Shreveport ("LSUMC" or "the hospital") at the time she was injured, appeals the district court's grant of judgment as a matter of law ("jmol"), dismissing her and her husband's personal injury claims advanced against the United States Army (the "Army") under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 2671 et seq. Likewise, Intervenor...

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