BROWN v. UNITED STATES

No. 87, Docket 22826.

209 F.2d 463 (1954)

BROWN v. UNITED STATES.

United States Court of Appeals, Second Circuit.

Decided January 5, 1954.


Attorney(s) appearing for the Case

Harry E. Kreindler, New York City, (Lee S. Kreindler, New York City, of counsel), for appellant.

J. Edward Lumbard, U. S. Atty. for the Southern Dist. of N. Y., New York City, (Milton R. Wessel, New York City, of counsel), for appellee.

Before CLARK, FRANK and HINCKS, Circuit Judges.


FRANK, Circuit Judge.

Admittedly, plaintiff's claim is not within any explicit exception contained in the Tort Claims Act. In Brooks v. United States, 337 U.S. 49, 69 S.Ct. 918, 93 L.Ed. 1200, the Court refused to read in an exception covering injuries to a serviceman, where the event causing the injury was not "incident to the service." In Feres v. United States, 340 U.S. 135...

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