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WINSTON v. UNITED STATES

No. 84, Docket 27098.

305 F.2d 253 (1962)

Henry WINSTON, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided February 27, 1962.

Rehearing Decided June 28, 1962.

Attorney(s) appearing for the Case

John J. Abt, New York City, for plaintiff-appellant.

Jerome I. Levinson, 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., New York City, on the brief), for defendant-appellee.

Before CLARK, HINCKS and KAUFMAN, Circuit Judges.

Rehearing En Banc Decided June 28, 1962.

HINCKS, Circuit Judge.

Appellant Henry Winston, since 1956 a prisoner in the United States Penitentiary at Terre Haute, Indiana, brought this action against the United States under the Tort Claims Act, 28 U.S.C. §§ 1346, 2674 (1958). Winston's complaint alleged that in April of 1959 he had contracted a brain tumor. Disturbed by his "dizziness, instability, and difficulty...

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