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BATES v. CARLOW

No. 593-69.

430 F.2d 1331 (1970)

John R. BATES, Plaintiff-Appellant, v. Thomas J. CARLOW, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 24, 1970.

Attorney(s) appearing for the Case

Donald F. Medsker, of Kripke, Hoffman, Carrigan & Dufty, P. C., Denver, Colo., for plaintiff-appellant.

James L. Treece, U. S. Atty., Denver, Colo., for defendant-appellee.

Before LEWIS, Chief Judge, and BREITENSTEIN and SETH, Circuit Judges.

PER CURIAM.

This action, originally filed in the state courts of Colorado, presents a claim by plaintiff Bates for personal injuries suffered through the claimed negligence of Carlow, a physician who at the time of the alleged negligence was commissioned in the Public Health Service, Department of Health, Education, and Welfare. It is undisputed that the acts of Carlow which premise the contention of malpractice were performed during the scope of Carlow's employment...

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