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BUTLER v. U.S.

No. 11-2408.

702 F.3d 749 (2012)

Kay F. BUTLER, Individually and as Executor of the Estate of Truman DeWayne Butler, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: December 19, 2012.

Attorney(s) appearing for the Case

ARGUED: Lewis M. Everett, Everett & Everett, Durham, North Carolina, for Appellant. Jason R. Cheek, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Jon P. McClanahan, UNC School of Law, Chapel Hill, North Carolina, for Appellant. Stuart F. Delery, Acting Assistant Attorney General, Phyllis J. Pyles, Director, Torts Branch, Bridget Bailey Lipscomb, Senior Trial Counsel, Torts Branch, United States Department of Justice, Washington, D.C.; Ripley Eagles Rand, United States Attorney, Greensboro, North Carolina, for Appellee.

Affirmed by published opinion. Judge AGEE wrote the opinion, in which Judge NIEMEYER and Judge SHEDD concurred.

OPINION

AGEE, Circuit Judge:

Kay F. Butler ("Mrs. Butler"), individually and as executor of the estate of her husband, Truman D. Butler ("Mr. Butler"), appeals the district court's dismissal of her action for wrongful death and loss of consortium under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 1346. For the reasons set forth below, we affirm the judgment of the district court.

I.

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