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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA THE ESTATE OF MICHAEL KEATING BY MARIE KEATING, et al : : : v. : : COATESVILLE VA MEDICAL CENTER, et al : CIVIL ACTION

NO. 10-2672

ORDER AND NOW, this 2nd day of November, 2010, upon consideration of the United States of America's Motion to Dismiss All Claims Except Those Brought by Marie Keating on Behalf of the Estate of Michael Keating (Document No. 17), and the plaintiff's response, it is ORDERED that the motion is GRANTED IN PART and DENIED IN PART. IT IS FURTHER ORDERED as follows: 1. 2. 3. The motion is GRANTED as to the loss of consortium claim; The loss of consortium claim is DISMISSED; In all other respects, the motion is DENIED.

/s/ Timothy J. Savage TIMOTHY J. SAVAGE, J.

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Pennsylvania Law