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BODIN v. VAGSHENIAN

No. 05-50707.

462 F.3d 481 (2006)

Kent BODIN, Plaintiff-Appellant, v. Gregory S. VAGSHENIAN M.D.; et al., Defendants, United States of America, Defendant-Appellee. Gordon L. Meyers, Plaintiff-Appellant, v. United States of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 24, 2006.

Attorney(s) appearing for the Case

Scott Alan Ozmun (argued), Whitehurst, Harkness, Ozmun & Archuleta, Jeffrey S. Edwards, Whitehurst, Harkness, Ozum & Brees, Austin, TX, for Plaintiff-Appellant.

Daniel M. Castillo (argued), Austin, TX, for Defendant-Appellee.

Before GARZA, PRADO and OWEN, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

In these consolidated cases, plaintiffs Kent Bodin and Gordon Meyers appeal judgments on partial findings pursuant to Federal Rule of Civil Procedure 52(c) in favor of the defendant United States on their claims under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 2671 et seq.

I

Bodin and Meyers were psychiatric patients of Dr. Gregory Vagshenian at an outpatient facility in Austin operated by the Department...

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