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BROWN v. U.S.

Civil Action No. 3:04-CV-574-S.

547 F.Supp.2d 759 (2008)

Holly W. BROWN, M.D., Individually and as Natural Mother of Clayton Brown and as Administratrix of the Estate of Kevin Brown and the Estate of Elizabeth Brown, Plaintiff v. UNITED STATES of America, Defendant.

United States District Court, W.D. Kentucky, at Louisville.

February. 27, 2008.

Attorney(s) appearing for the Case

Donald L. Cox, Lynch, Cox, John D. Cox, Gilman & Mahan, P.S.C., Louisville, KY, for Plaintiff.

Brady Miller, U.S. Attorney Office, Louisville, KY, for Defendant.

MEMORANDUM OPINION

CHARLES R. SIMPSON, III, District Judge.

This matter is before the court on motion of the defendant the United States of America ("United States"), to dismiss, or in the alternative, for summary judgment (DN 88). For the reasons stated herein, the United States' motion will be will be denied.

BACKGROUND

On April 10, 2003, plaintiff Holly W. Brown, M.D. ("Brown" or "Holly"), and her family visited Haleakala National...

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