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MADER v. U.S.

No. 09-1025.

619 F.3d 996 (2010)

Nancy MADER, Personal Representative of the Estate of Robert Mader, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 31, 2010.

Attorney(s) appearing for the Case

John P. Ellis , argued, D.C. Bradford, on the brief, Omaha, NE, for appellant.

Lynnett Wagner , AUSA, argued, Frederick D. Franklin , AUSA, on the brief, Omaha, NE, for appellee.

Before BYE, BEAM and SHEPHERD, Circuit Judges.

BYE, Circuit Judge.

Nancy Mader sued the United States under the Federal Tort Claims Act, alleging the Department of Veterans Affairs (VA) acted negligently in providing medical treatment to her late husband, Robert Mader. The district court granted the government's motion to dismiss for lack of subject matter jurisdiction, Fed.R.Civ.P. 12(b)(1), holding Mader's failure to provide the VA with proof of her status as the legal representative of her husband's estate...

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