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BROWN v. U.S.

No. 08-2506.

583 F.3d 916 (2009)

Janyce Elaine BROWN, Deceased; Asa Robert Graydon Brown, a minor child; Helen Elizabeth Brown, a minor child, Plaintiffs-Appellants, v. UNITED STATES of America, the U.S. Department of Veterans Affairs, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 15, 2009.

Attorney(s) appearing for the Case

ARGUED: Robert Paul Walsh, Law Office of Robert P. Walsh, Battle Creek, Michigan, for Appellants. Steven P. Croley, Assistant United States Attorney, Detroit, Michigan, for Appellee. ON BRIEF: Robert Paul Walsh, Law Office of Robert P. Walsh, Battle Creek, Michigan, for Appellants. Steven P. Croley, Assistant United States Attorney, Detroit, Michigan, for Appellee.

Before: BATCHELDER, Chief Judge; KENNEDY and McKEAGUE, Circuit Judges.

OPINION

KEAGUE, Circuit Judge.

In this suit brought under the Federal Tort Claims Act ("FTCA"), Janyce Brown and her two minor children (collectively, "appellants") appeal the district court's order granting summary judgment to the government. As the wife and children of a veteran of the first Persian Gulf War, appellants claim that the United States Department of Veterans Affairs (the "VA") is liable for failing to diagnose the veteran, Arvid Brown, with...

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