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GROSINSKY v. U.S.

No. 90-16256.

947 F.2d 417 (1991)

Karla S. GROSINSKY, individually, as husband and wife, and as next friends and natural guardians of Veronica Grosinsky, individually as husband and wife, and as next friends and natural guardians of Richard J. Grosinsky, a minor, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 22, 1991.

Attorney(s) appearing for the Case

Michael E. Farro, Sierra Vista, Ariz., for plaintiffs-appellants.

Major Gill P. Beck, Sp. Asst. U.S. Atty., Civ. Div., Tucson, Ariz., for defendant-appellee.

Before NORRIS and THOMPSON, Circuit Judges, and VAN SICKLE, District Judge.

PER CURIAM:

Karla Grosinsky and her husband, Sergeant First Class Richard Grosinsky, appeal the district court's dismissal of their suit for negligence and tortious breach of contract under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b), 2671 et seq., for lack of subject matter jurisdiction. See Grosinsky v. United States, 741 F.Supp. 805 (D.Ariz.1990).

Appellants allege that a surgeon...

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