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SCHWAGER v. UNITED STATES

Civ. A. No. 41859.

326 F.Supp. 1081 (1971)

Anna L. SCHWAGER, Administratrix of the Estate of Robert N. Schwager, v. UNITED STATES of America.

United States District Court, E. D. Pennsylvania.

May 11, 1971.

Attorney(s) appearing for the Case

Benjamin Kuby, Philadelphia, Pa., for plaintiff.

Louis C. Bechtle, U. S. Atty., J. Clayton Undercofler, Asst. U. S. Atty., Philadelphia, Pa., for defendant.

OPINION AND ORDER

BECKER, District Judge.

This is a suit under the Federal Tort Claims Act. It raises the question of whether the administratrix of the estate of a serviceman who became ill while on leave, entered a military hospital for treatment, and whose duty station was transferred to that hospital pursuant to Navy regulation, may maintain an action for medical malpractice against the Government under the...

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