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TUNAC v. U.S.

No. 17-15021.

897 F.3d 1197 (2018)

Felisa TUNAC, on behalf of herself and as the Personal Representative of the Estate of Randy Tunac (Veteran), Deceased, Plaintiff-Appellant, v. United States of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 30, 2018.

Attorney(s) appearing for the Case

Veronica L. Manolio (argued), Manolio & Firestone PLC, Scottsdale, Arizona, for Plaintiff-Appellant.

Adam R. Smart (argued), Assistant United States Attorney; Krissa M. Lanham , Deputy Appellate Chief; Elizabeth A. Strange , First Assistant United States Attorney; United States Attorney's Office, Phoenix, Arizona; for Defendant-Appellee.

Before: Richard A. Paez and Sandra S. Ikuta, Circuit Judges, and Lynn S. Adelman, District Judge.

OPINION

This appeal raises the question whether we have jurisdiction over a claim alleging that a medical center operated by the Department of Veterans Affairs (VA) caused Randy Tunac's death by delaying urgently needed medical treatment. We conclude that to the extent the...

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