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UNITED STATES v. MARTINEZ

No. 7604.

334 F.2d 728 (1964)

UNITED STATES of America, Appellant, v. Ernest MARTINEZ, Appellee.

United States Court of Appeals Tenth Circuit.

July 28, 1964.

Attorney(s) appearing for the Case

John C. Eldridge, Atty. for Dept. of Justice (John W. Douglas, Asst. Atty. Gen., Lawrence M. Henry, U. S. Atty., and Morton Hollander, Atty. for Dept. of Justice, with him on brief), for appellant.

John S. Carroll, Denver, Colo. (Walter L. Gerash, Denver, Colo., with him on brief), for appellee.

Before MURRAH, Chief Judge, and BREITENSTEIN and SETH, Circuit Judges.

MURRAH, Chief Judge.

Appellee brought this action against the United States under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), to recover for personal injury allegedly sustained while operating a pant pressing machine as a patient at the United States Public Health Service Hospital in Fort Worth, Texas. The Government answered, asserting as a defense and ground for dismissal, that when appellee's injury occurred he was an employee of the Government and within...

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