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KINLICHEE v. U.S.

No. CV11-8038-PCT-JAT.

929 F.Supp.2d 951 (2013)

Felix H. KINLICHEE; et al., Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. Arizona.

March 11, 2013.

Attorney(s) appearing for the Case

Forrest G. Buffington , Scott Eugene Borg , Barber & Borg LLC, Albuquerque, NM, for Plaintiffs.

Michael A. Johns , US Attorney's Office, Phoenix, AZ, for Defendant.

ORDER

JAMES A. TEILBORG, Senior District Judge.

Pending before the Court is Defendant's Motion to Dismiss certain claims made by Plaintiffs. (Doc. 47). Plaintiffs filed a Response (Doc. 52), and Defendant filed a Reply (Doc. 56). The Court rules on the Motion.

I. BACKGROUND

From November 5, 2009 to November 8, 2009, Filbert Kinlichee ("Mr. Kinlichee") went several times to the Emergency Department ("ED") at Chinle Comprehensive Health Care...

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