HEALY v. UNITED STATES

No. 78, Docket 26915.

295 F.2d 958 (1961)

John P. HEALY, an Infant, by Loretta Healy, His Guardian Ad Litem, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided November 30, 1961.


Attorney(s) appearing for the Case

Herbert L. Brickman, for plaintiff-appellant.

John C. Eldridge, Atty., Dept. of Justice, Washington, D. C. (William H. Orrick, Jr., Asst. Atty. Gen., Morton Hollander, Atty., Dept. of Justice, Washington, D. C., and Robert M. Morgenthau, U. S. Atty., S.D.N.Y., New York City, on the brief) for defendant-appellee.

Before SWAN, MOORE and SMITH, Circuit Judges.


PER CURIAM.

The complaint alleges that prior to induction into military service Healy was given a physical examination by a Government doctor who negligently certified him as physically qualified for service in the Air Force; that he was inducted in February 1959, ordered into basic training and such training aggravated a preexisting heart condition and caused the injuries for which he seeks damages; that in April 1959 he was discharged from the Air Force because...

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