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STALEY v. UNITED STATES

Civ. No. 69-209.

306 F.Supp. 521 (1969)

Emily M. STALEY and Roscoe R. Staley, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court M. D. Pennsylvania.

November 28, 1969.

Attorney(s) appearing for the Case

John E. O'Connor, Flanagan, Doran, Biscontini & Shaffer, Wilkes-Barre, Pa., for plaintiffs.

Bernard J. Brown, U. S. Atty., Julius Altman, Asst. U. S. Atty., Scranton, Pa., for defendant.

SHERIDAN, Chief Judge.

This is a ruling on a motion of defendant, United States of America, to dismiss the complaint.

Plaintiffs, Emily M. Staley and Roscoe R. Staley, filed this action pursuant to the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346(b) and 2671 et seq. The complaint alleges that on April 8, 1963, and again on April 27, 1966, Mrs. Staley underwent surgery at Fitzsimmons General Hospital, Denver, Colorado, which was negligently performed...

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