HEJL v. UNITED STATES

No. 71-2111 Summary Calendar.

449 F.2d 124 (1971)

Robert Delman HEJL, Plaintiff-Appellant, v. UNITED STATES of America et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 2, 1971.


Attorney(s) appearing for the Case

Philip C. Friday, Jr., Clayton, Friday, Friedman & Burroughs, Austin, Tex., for plaintiff-appellant.

Seagal V. Wheatley, U. S. Atty., San Antonio, Tex., Malcolm L. Quick, Asst. Atty. Gen., Austin Tex., Hugh P. Shovlin, Asst. U. S. Atty. San Antonio, Tex., for defendants-appellees.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.


BELL, Circuit Judge:

Appellant brought this action against the United States for damages sustained as a result of the alleged negligence of the Texas State Department of Health. The district court granted the government's motion to dismiss for failure to exhaust administrative remedies as required by 28 U.S.C.A. § 2675(a), and we affirm.

The primary question presented on this appeal is one of first impression and involves the issue of whether "appropriate...

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