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ALLEN v. U.S.

No. 09-1350.

590 F.3d 541 (2009)

Yolanda H. ALLEN, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: December 28, 2009.

Attorney(s) appearing for the Case

Thomas Henry Boyd, argued, Michael Conlan, Winthrop & Weinstien, on the brief, Minneapolis, MN, for Plaintiff-Appellant.

Shon Hastings, U.S. Attorney's Office, argued, Fargo, ND, for Defendant-Appellee.

Before MURPHY, SMITH, and BENTON, Circuit Judges.

MURPHY, Circuit Judge.

Yolanda Allen brought this medical malpractice action against the United States Air Force under the Federal Tort Claims Act (FTCA), alleging that she had contracted Hepatitis C from blood transfusions received at the United States Air Force hospital in Grand Forks, North Dakota. Both sides filed for summary judgment. The district court granted summary judgment to the United States and Allen appeals. We affirm in part and reverse in part.

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