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DILWORTH v. UNITED STATES

Nos. 16577, 16578.

387 F.2d 590 (1967)

Frances P. DILWORTH, Administratrix of the Estate of Donald D. Dilworth, Jr. Deceased, and Judi D. Dilworth v. UNITED STATES of America. Frances P. Dilworth, Administratrix of the Estate of Donald D. Dilworth, Jr., Deceased, Appellant. Frances P. DILWORTH, Administratrix of the Estate of Donald D. Dilworth, Jr., Deceased, and Judi D. Dilworth v. UNITED STATES of America. Judi D. Dilworth, Appellant.

United States Court of Appeals Third Circuit.

Decided December 21, 1967.

Attorney(s) appearing for the Case

Willard B. Knowlton, Tenafly, N. J., (John Herbert Tovey on the brief), for appellants.

Kenneth P. Zauber, Asst. U. S. Atty., David M. Satz, Jr., U. S. Atty., Newark, N. J., for appellee.

Before STALEY, Chief Judge and KALODNER and FORMAN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

The plaintiffs' decedent suffered a fatal illness while he was a private in the United States Army. They brought the instant action under the Federal Tort Claims Act, 28 U.S.C.A. § 2671 et seq., alleging in their complaint that the decedent's death resulted from his negligent treatment at an Army hospital. The District Court dismissed the plaintiffs' action, with prejudice, on its view that it was precluded by Feres...

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