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UNITED STATES EX REL. GITTLEMACKER v. COUNTY OF PHILADELPHIA

No. 17393.

413 F.2d 84 (1969)

UNITED STATES of America ex rel. Jack and Ethel GITTLEMACKER, et al., Appellants, v. COUNTY OF PHILADELPHIA, COMMONWEALTH OF PENNSYLVANIA; Mr. J. McAllister, Attorney at Law; Philadelphia General Hospital et al.; Williamsport Hospital, Pennsylvania et al.; Joseph R. Brierley, Superintendent State Correctional Institution, Philadelphia, Pennsylvania.

United States Court of Appeals Third Circuit.

Decided July 10, 1969.

Attorney(s) appearing for the Case

Thomas J. Tumola, Clark, Ladner, Fortenbaugh & Young, Philadelphia, Pa., for appellants.

Matthew W. Bullock, Jr., Philadelphia, Pa. (Frank J. Pfizenmayer, Asst. City Sol.; Edward G. Bauer, Jr., City Sol., Philadelphia, Pa., on the brief), for City of Philadelphia, etc.

S. Asher Winikoff, Deputy Atty. Gen., Commonwealth of Penn., Harrisburg, Pa. (William C. Sennett, Atty. Gen., Harrisburg, Pa., on the brief), for Commonwealth of Pennsylvania.

William J. O'Brien, Philadelphia, Pa. (Pepper, Hamilton & Scheetz, Philadelphia, Pa., on the brief), for Williamsport Hospital.

Before STALEY, FREEDMAN and ALDISERT, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

This is an appeal from an order of the district court which dismissed appellants' complaint on the basis that it failed to state a claim upon which relief can be granted. It was a pro se complaint requesting damages for personal injuries sustained by the wife plaintiff, allegedly caused by the failure of the various named defendants to provide essential and required medical care to her while she was a...

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