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12-3564•Richard Hart v. Yi Pan, M.D.; Tenet HealthSystem SL, Inc.; Allergan USA, Inc.
12-3564Court of Appeals for the Eighth CircuitOct 31, 2013
United States Court of Appeals
For the Eighth Circuit
___________________________
No. 12-3699
___________________________
Richard Hart
lllllllllllllllllllll Plaintiff - Appellant
v.
Yi Pan, M.D.; Tenet HealthSystem SL, Inc.; Allergan USA, Inc.
lllllllllllllllllllll Defendants
United States of America
lllllllllllllllllllll Defendant - Appellee
____________
Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
____________
Submitted: October 2, 2013
Filed: October 7, 2013
[Unpublished]
____________
Before LOKEN, BYE, and BENTON, Circuit Judges.
____________
PER CURIAM.
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Richard Hart appeals the district court’s adverse judgment following a bench1
trial in his Federal Tort Claims Act lawsuit. We decline to consider Hart’s sole
argument for reversal as it is based on an issue not raised below, and it does not fall
under the recognized exceptions for entertaining new arguments. See Henning v.
Mainstreet Bank, 538 F.3d 975, 979 (8th Cir. 2008). The judgment of the district
court is affirmed. See 8th Cir. R. 47B.
______________________________
The Honorable Charles A. Shaw, United States District Judge for the Eastern1
District of Missouri.
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