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SANTOS EX REL. BEATO v. U.S.

No. 07-4613.

559 F.3d 189 (2009)

Mercy N. SANTOS, a Minor by Jenny BEATO, her Parent and Natural Guardian, Appellant v. UNITED STATES of America.

United States Court of Appeals, Third Circuit.

Filed March 11, 2009.

Attorney(s) appearing for the Case

David J. Foster (argued), Costopoulos, Foster & Fields, Lemoyne, PA, for Appellant.

Michael J. Butler, Office of the United States Attorney, Harrisburg, PA, Gregory G. Katsas, Acting Assistant Attorney General, Civil Division, Phyllis J. Pyles, Director, Torts Branch, James G. Touhey, Jr., Assistant Director, Torts Branch, Conor Kells (argued), Trial Attorney, Torts Branch, Civil Division, U.S. Department of Justice, Washington, D.C., for Appellee.

Before: AMBRO and GREENBERG, Circuit Judges, and O'NEILL, District Judge.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. INTRODUCTION

This matter comes on before this Court on an appeal by plaintiff Mercy Nicole Santos by Jenny Beato, her Parent and Natural Guardian, from an order of the District Court entered on November 30, 2007, granting summary judgment to defendant United States of America in this medical malpractice case under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq. ...

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