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DUNCAN v. WEST

Civil Action No. 96-1648-A.

965 F.Supp. 796 (1997)

Barbara DUNCAN, Plaintiff, v. Togo WEST, Jr., Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

June 4, 1997.

Attorney(s) appearing for the Case

Mickale C. Carter, Law Office of Mickale C. Carter, Alexandria, VA, for Plaintiff.

Helen F. Fahey, U.S. Attorney, James E. Macklin, Assistant U.S. Attorney, Alexandria, VA (Lieutenant Colonel Richard O. Hatch, U.S. Army Litigation Division, Arlington, VA, of counsel), for Defendant.

MEMORANDUM OPINION

ELLIS, District Judge.

This case presents the question, not yet resolved in this circuit, whether the U.S. Army's disallowance of an administrative claim for medical malpractice under the Military Claims Act ("MCA"), 10 U.S.C. § 2733, is subject to judicial review.

I1

While stationed with her service member husband in Europe, plaintiff, Barbara Duncan ("Duncan"), received health...

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