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DUTRA v. U.S.

No. 05-36146.

478 F.3d 1090 (2007)

Jose DUTRA, a minor, by and through his Guardian; Commencement Bay Guardianship Services; Misty M. Dutra, individually and as natural mother of Jose Dutra, a minor, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 5, 2007.

Attorney(s) appearing for the Case

John McKay, United States Attorney for the Western District of Washington, Seattle, WA; Darwin P. Roberts, Assistant United States Attorney for the Western District of Washington, Seattle, WA, for the defendant-appellant.

James L. Holman, Law Offices of James L. Holman, Tacoma, WA; J. William Ashbaugh, Stafford Frey Cooper, Seattle, WA, for the plaintiff-appellee Jose Dutra.

John C. Galbraith, Law Office of John C. Galbraith, Tacoma, WA, for the plaintiff-appellee Misty M. Dutra.

Before: WALLACE, WARDLAW, and FISHER, Circuit Judges.

WARDLAW, Circuit Judge:

The United States appeals the district court's judgment awarding damages in this Federal Tort Claims Act (FTCA) action brought by Jose Dutra, by and through his guardian, Commencement Bay Guardianship Services, and Misty Dutra, individually and as mother of Jose ("Appellees"), for injuries sustained during Jose's delivery. The United States contends that the district court erred when it refused the government's request to enter a judgment that...

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