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Smith v. Marshall

filed: December 18, 1991.

MARCUS S. SMITH; HILDEGARD U. SMITH, PLAINTIFFS-APPELLANTS,
v.
WILLIAM MARSHALL, JR., M.D., DEFENDANT-APPELLEE.



D.C. No. CV-87-5477-TJH. Original Opinion Reported at,

Before: Cynthia Holcomb Hall, Charles Wiggins and David R. Thompson, Circuit Judges.

Order

On Remand for the United States Supreme Court

In accordance with the United States Supreme Court opinion in United States v. Smith, 113 L. Ed. 2d 134, 111 S. Ct. 1180 (1991), reversing our decision in Smith v. Marshall, 885 F.2d 650 (9th Cir. 1989), we affirm the district court order substituting the United States as a defendant and dismissing the action. We also vacate our opinion at 885 F.2d 650.

19911218

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