DENNY v. UNITED STATES

No. 12345.

171 F.2d 365 (1948)

DENNY et ux. v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 21, 1949.


Attorney(s) appearing for the Case

John C. Hoyo and R. H. Mercer, both of San Antonio, Tex., for appellants.

Henry W. Moursund, U. S. Atty. and Joel W. Westbrook, Asst. U. S. Atty., both of San Antonio, Tex., for appellee.

Before HUTCHESON, SIBLEY, and McCORD, Circuit Judges.


McCORD, Circuit Judge.

This suit was brought by Charles H. Denny, a commissioned army officer, and his wife, Dorothy Mae Denny, to recover damages because of the alleged negligence of defendant in failing to furnish necessary hospital and medical services to plaintiff, Dorothy Mae Denny, at the time of the birth of plaintiffs' child. Recovery was sought under the provisions of the Federal Tort Claims Act, Title 28 U.S.C.A. § 931 [now §§ 1346, 2674]...

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