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BROWN v. U.S.

No. 04-5171.

462 F.3d 609 (2006)

Timothy BROWN, individually and as next friend of Melody Brown, his minor daughter, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 8, 2006.

Attorney(s) appearing for the Case

ARGUED: Jamal K. Alsaffar, the Michael Archuleta Law Firm, Austin, Texas, for Appellant. Edward Himmelfarb, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Jamal K. Alsaffar, George J. Hanko, III, Michael E.J. Archuleta, the Michael Archuleta Law Firm, Austin, Texas, for Appellant. Robert S. Greenspan, Lowell V. Sturgill, Jr., United States Department of Justice, Washington, D.C., for Appellee.

Before: DAUGHTREY and CLAY, Circuit Judges; GRAHAM, District Judge.

DAUGHTREY, J., delivered the opinion of the court, in which CLAY, J., joined. GRAHAM, D.J. (pp. 616-620), delivered a separate dissenting opinion.

OPINION

MARTHA CRAIG DAUGHTREY, Circuit Judge.

In this appeal, brought by plaintiff Timothy Brown on behalf of his minor child, Melody, we are asked to reinstate the plaintiff's medical malpractice complaint against the United States, filed pursuant to the Federal Tort Claims Act, 28 U.S.C. § 1346...

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