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LOMANDO v. U.S.

No. 11-1957.

667 F.3d 363 (2011)

Ines LOMANDO, as Administratrix Ad Prosequendum of the Estate of Laura Lomando, deceased, Appellant v. UNITED STATES of America; Stephanie Reynolds, D.O.; Trevor Talbert, M.D.; David Hyppolite, M.D.; Parker Family Health Center; Riverview Medical Center; Emergency Physician Associates North Jersey, PC; John Doe, # 1 Through # 5, Mary Moe # 1 through # 5, and XYZ Corporation # 1 through # 5 (fictitious names representing unknown physicians, nurses, technicians, medical groups, medical facilities).

United States Court of Appeals, Third Circuit.

Filed: December 30, 2011.

Attorney(s) appearing for the Case

Anthony A. Lenza, Jr. , Law Offices of Carl M. Erman, Elizabeth, NJ, for appellant.

Tony West , Assistant Attorney General, Paul J. Fishman , United States Attorney, Karen H. Shelton , Office of the United States Attorney, Trenton, NJ, Mark B. Stern , Helen L. Gilbert , Attorneys, Appellate Staff, Court Division, United States Department of Justice, Appellate Section, Washington, DC, for appellee United States of America.

George H. Cortelyou , Mark A. Petraske , Buckley & Theroux, Princeton, NJ, for David Hyppolite, M.D. and for appellees Stephanie Reynolds, D.O., Trevor Talbert, M.D., and Emergency Physician Associates of North Jersey.

Martin J. McGreevy , Oakhurst, NJ, for David Hyppolite, M.D.

Before: McKEE, Chief Judge, and FUENTES and GREENBERG, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. INTRODUCTION

This matter comes on before this Court on appeal from the District Court's March 18, 2011 order implementing a comprehensive opinion granting motions that certain defendants, now the appellees in this appeal, brought seeking summary judgment. See Lomando v. United States, No. 08-4177, 2011 WL 1042900 (D.N.J. Mar. 18, 2011). Appellant Ines Lomando ("Lomando"), as administratrix...

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