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MURRAY v. UNITED STATES

No. 9030.

329 F.2d 270 (1964)

Mrs. Estelle C. MURRAY, Administratrix of the Estate of Woodroe D. Murray, Deceased, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals Fourth Circuit.

Decided March 9, 1964.

Attorney(s) appearing for the Case

Pauline B. Heller, Attorney, Department of Justice (John W. Douglas, Asst. Atty. Gen., Sherman L. Cohn, Attorney, Department of Justice, and C. V. Spratley, Jr., U. S. Atty., on brief), for appellant.

R. R. Ryder, Richmond, Va. (Martin & Ryder, Richmond, Va., on brief), for appellee.

Before BRYAN and BELL, Circuit Judges, and BARKSDALE, District Judge.

ALBERT V. BRYAN, Circuit Judge.

Under the Federal Tort Claims Act, 28 U.S.C. § 1346, the Administratrix of the estate of Woodroe D. Murray obtained a judgment in the District Court for damages for his death on the asserted ground that it was due to the neglect of a Veterans Administration Hospital physician. The trial judge determined there was, as a matter of law, such a breach of duty on the part of this doctor. With the facts not in conflict, we think the...

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