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CORREIA v. UNITED STATES

No. 6337.

339 F.2d 596 (1964)

Albert CORREIA, Plaintiff, Appellant, v. UNITED STATES of America, Defendant, Appellee.

United States Court of Appeals First Circuit.

Decided December 30, 1964.

Attorney(s) appearing for the Case

Francis J. Larkin, Milford, Mass., with whom Edward J. McCormack, Jr., Boston, Mass., and Meyer H. Goldman, Boston, Mass., were on brief, for appellant.

William F. Looney, Jr., Asst. U. S. Atty., with whom W. Arthur Garrity, Jr., U. S. Atty., and John Paul Sullivan, Asst. U. S. Atty., were on brief for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

PER CURIAM.

The court below found that the doctor who treated the plaintiff at the Veterans' Administration Hospital in West Haven, Connecticut, "was not lacking in the exercise of due care" and hence, not having been negligent, the United States was not liable to the plaintiff under the Federal Tort Claims Act. Perhaps the doctor might have used more extreme precautions in practicing a well recognized medical procedure known in rare instances to have serious side...

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