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LITTLE WHITE MAN v. U.S.

No. 05-2183.

446 F.3d 832 (2006)

Stanley LITTLE WHITE MAN, Jr., Administrator of the Estate of Stanley Little White Man, Sr., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 4, 2006.

Attorney(s) appearing for the Case

Counsel who represented the appellant was Terry L. Pechota, Rapid City, South Dakota.

Counsel who represented the appellee was AUSA Diana J. Ryan, Rapid City, South Dakota.

Before LOKEN, Chief Judge, McMILLIAN and MELLOY, Circuit Judges.

MELLOY, Circuit Judge.

Stanley Little White Man, Jr., as Administrator of the Estate of Stanley Little White Man, Sr., brought suit against the United States for negligence pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b). The appellant claimed that the Indian Health Service's (IHS) failure to refer Little White Man, Sr. for a biopsy of his gum tissue caused his death. The district court,2 following a bench trial...

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