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CLEVELAND EX REL. CLEVELAND v. U.S.

No. 05-30197.

457 F.3d 397 (2006)

Samuel CLEVELAND, through his provisional curator, Bobbie Jean CLEVELAND; Bobbie Jean Cleveland, Plaintiffs-Appellants, Theresa Cleveland, Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 19, 2006.

Attorney(s) appearing for the Case

John T. Bennett (argued), John T. Bennett Law Offices, Marksville, LA, Edward Alan Kaplan, Law Offices of Edward A. Kaplan, Alexandria, LA, for Plaintiffs-Appellants.

Karen J. King (argued), Lafayette, LA, for U.S.

Before GARWOOD, DAVIS and GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Samuel Cleveland, through his provisional curator, Bobbie Jean Cleveland ("Cleveland"), appeals the district court's ruling in favor of the United States on claims of medical malpractice, brought under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 1346 et seq.1 Cleveland challenges certain evidentiary rulings and the district court's final determination that she failed to prove that the defendant...

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