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BAILEY v. DeQUEVEDO

No. 15457.

375 F.2d 72 (1967)

George S. BAILEY, Appellant, v. Agusto G. DeQUEVEDO and K. E. Van Buskirk.

United States Court of Appeals Third Circuit.

Decided April 3, 1967.

Attorney(s) appearing for the Case

Peter O. Clauss, Philadelphia, Pa. (Walter V. McLaughlin, Jr., Clark Ladner, Fortenbaugh & Young, Philadelphia, Pa., Richard A. DeSantis, Beverly Hills, Cal., on the brief), for appellant.

Robert V. Zener, Atty., Dept. of Justice, Civ. Div., Washington, D. C. (John W. Douglas, Asst. Atty. Gen., Drew J. T. O'Keefe, U. S. Atty., David L. Rose, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellees.

Before MARIS, McLAUGHLIN and KALODNER, Circuit Judges.

OPINION OF THE COURT

KALODNER, Circuit Judge.

Can an enlisted man in the United States Army maintain an action against an Army medical surgeon for alleged malpractice in an operation performed at an Army hospital?

The District Court answered this question in the negative and dismissed the action.1 This appeal followed.

The record discloses that the plaintiff, George S. Bailey, instituted this diversity action...

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