OPINION
FEIKENS, District Judge.
Plaintiff is the Administrator of the Estate of Bill Dean Claborn and brings this action against the Veteran's Administration under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2675, for personal injury and wrongful death. He alleges that a crutch given to his decedent by defendant broke causing his decedent injuries that eventually resulted in his death. Defendant has moved for dismissal, or in the alternative...
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