Richard Hart v. United State


PER CURIAM OPINION FILED - THE COURT: James B. Loken, Kermit E. Bye and Duane Benton (UNPUBLISHED) [4083180] [12-3699]

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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Court for the Eastern District of Missouri - St. Louis ____________ Submitted: October 2, 2013 Filed: October 7, 2013 [Unpublished] ____________ Before LOKEN, BYE, and BENTON, Circuit Judges.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. Appellate Case: 12-3699 Page: 1 Date Filed: 10/07/2013 Entry ID: 4083180 Richard Hart appeals the district court’s1 adverse judgment following a bench 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. ______________________________ 1 The Honorable Charles A. Shaw, United States District Judge for the Eastern District of Missouri. -2- Appellate Case: 12-3699 Page: 2 Date Filed: 10/07/2013 Entry ID: 4083180

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