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KINSEY v. UNITED STATES

No. 77-360-C.

528 F.Supp. 1 (1978)

Ruth Minerva KINSEY, as Executrix and Surviving Heir of Johnnie Richard Longenecker, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, E. D. Oklahoma.

February 6, 1978.

Attorney(s) appearing for the Case

Ronald Skoller, Tulsa, Okl., for plaintiff.

Betty O. Williams, Asst. U. S. Atty., Muskogee, Okl., for defendant.

ORDER OF DISMISSAL

DAUGHERTY, Chief Judge.

This is a medical malpractice action brought against the United States pursuant to the Federal Tort Claims Act (Act), 28 U.S.C. §§ 1346(b), 2671 et seq. Pursuant to Rule 12(b), Federal Rules of Civil Procedure, the United States has filed a Motion to Dismiss Plaintiff's Complaint on the grounds that the Court lacks jurisdiction over the subject matter and that the Complaint fails to state a cause of action...

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