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ROGERS v. UNITED STATES

No. 15424.

334 F.2d 931 (1964)

Andrew Cleveland ROGERS, III and Andrew Cleveland Rogers, Jr., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

July 24, 1964.

Attorney(s) appearing for the Case

Russell H. Volkema, of Volkema, Wolske & Bopeley, Columbus, Ohio, for appellants.

Robert Long, Civil Division, Dept. of Justice, Washington, D. C., John W. Douglas, Asst. Atty. Gen., Morton Hollander, Irvin M. Gottlieb and Robert E. Long, Attys., Dept. of Justice, Washington, D. C., and Joseph P. Kinneary, U. S. Atty., Columbus, Ohio, on the brief for appellee.

Before PHILLIPS and EDWARDS, Circuit Judges, and McALLISTER, Senior Circuit Judge.

McALLISTER, Senior Circuit Judge.

Andrew Cleveland Rogers, Jr. and his son, Andrew Cleveland Rogers, III, a minor, aged eleven, acting through his next friend, brought suit against the United States under the Federal Tort Claims Act, 28 U.S.C.A. § 1346(b), claiming damages to the minor, caused by malpractice of government doctors in rendering medical service to the boy, when, at 2 A. M. on December 27, 1958, he was brought to the Lockbourne Air Force Base Hospital...

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