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SMITH v. SARAF

No. CIV. A. 98-04794.

148 F.Supp.2d 504 (2001)

Yvonne SMITH, individually, Willie Smith, individually, and Elijah Smith, a minor, by and through Yvonne Smith, Plaintiffs, v. Arvind SARAF, M.D., John Doe Professional Corporation/Partnership, John Doe Medical Providers A-Z, Defendants, and Arvind Saraf, M.D., Third-Party Plaintiff, v. The United States of America, Third-Party Defendant.

United States District Court, D. New Jersey.

July 3, 2001.

Attorney(s) appearing for the Case

John A. Talvacchia, Sharon Galperin, Stahl & DeLaurentis, Mount Laurel, NJ, for Third-Party Plaintiff, Arvind Saraf, M.D.

Robert J. Cleary, United States Attorney, Dorothy J. Donnelly, Assistant United States Attorney, Trenton, NJ, for Third-Party Defendant, the United States of America.

OPINION

ORLOFSKY, District Judge.

In this medical malpractice action brought under the Federal Tort Claims Act, the Third-Party Defendant, the United States of America ("the Government"), has moved to dismiss the Third Party Complaint for lack of subject matter jurisdiction, pursuant to Federal Rule of Civil Procedure 12(b)(1), or, in the alternative, for summary judgment, pursuant to Federal Rule of Civil Procedure 56(c), on the Third Party Complaint of...

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