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JEFFERSON v. UNITED STATES

No. 5815.

178 F.2d 518 (1949)

JEFFERSON v. UNITED STATES.

United States Court of Appeals Fourth Circuit.

Decided December 19, 1949.

Writ of Certiorari Granted March 13, 1950.

Attorney(s) appearing for the Case

Morris Rosenberg, Baltimore, Md. (Robert H. Archer, Jr., Baltimore, Md., on the brief), for appellant.

Morton Hollander, Attorney, Department of Justice, Washington, D. C. (H. G. Morison, Assistant Attorney General, Bernard J. Flynn, U. S. Attorney, James B. Murphy, Assistant U. S. Attorney, Baltimore, Md., Paul A. Sweeney and Massillon M. Heuser, Attorneys, Department of Justice, Washington, D. C., on the brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

SOPER, Circuit Judge.

This suit was brought by a member of the armed forces of the United States under the Federal Tort Claims Act, 28 U.S. C.A. § 2674 et seq., to recover for personal injuries resulting from a surgical operation performed by an army surgeon at Fort Belvoir, Virginia. It was found by Judge Chesnut at the trial in the District Court, 77 F.Supp. 706, that a towel used...

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