DULAINE v. UNITED STATES

No. 20551.

371 F.2d 824 (1967)

Robert DULAINE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

January 12, 1967.


Attorney(s) appearing for the Case

F. Filmore Jaffe, of Jaffe, Osterman & Soll, Los Angeles, Cal., for appellant.

Manuel Real, U. S. Atty., Frederick M. Brosio, Jr., Asst. U. S. Atty., Chief Civ. Div., M. Morton Freilich, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before BARNES and ELY, Circuit Judges, and PECKHAM, District Judge.


PER CURIAM:

This is an appeal from an order granting the defendant's motion for summary judgment. The court below had jurisdiction of the suit under the Federal Tort Claims Act, 28 U.S.C. § 1346(b). Our jurisdiction is under 28 U.S.C. § 1291.

The appellant, plaintiff below, was injured at Iwo Jima during World War II. Until 1959 he was being treated by the Veterans Administration. In 1956 he was operated upon. He contends that the doctors and/or...

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