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BOOTEN v. U.S.

No. Civ.A. 99-11229-EFH.

95 F.Supp.2d 37 (2000)

Shirley BOOTEN, Administratrix of the Estate of Allen D. Booten, II and Shirley Booten, Individually, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Massachusetts.

May 3, 2000.

Attorney(s) appearing for the Case

Brian R. Cunha, Brian Cunha & Associates, Fall River, MA, for Shirley Booten, plaintiff.

Mary Elizabeth Carmody, United States Attorney's Office, Worcester, MA, for U.S.

Thomas Rocco, MD, Bristol, RI, William F. White, White & Galamaga, Providence, RI, for Thomas Rocco, M.D.

MEMORANDUM AND ORDER

HARRINGTON, District Judge.

STATEMENT OF THE CASE

This matter is before the Court on the Defendant's Motion to Dismiss Counts VII - IX1 of the Further Amended Complaint and Jury Claim (the "Complaint") pursuant to Fed.R.Civ.P. 12(b)(1), or, in the alternative, Motion for Summary Judgment pursuant to Fed.R.Civ.P. 56(b), for lack of subject matter jurisdiction. This cause of action arises...

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