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LEVER v. UNITED STATES

No. 895 Docket 34862.

443 F.2d 350 (1971)

David E. LEVER, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 1, 1971.

Attorney(s) appearing for the Case

Sol Lefkowitz, New York City, for plaintiff-appellant.

Stanley H. Wallenstein, Asst. U.S. Atty. (Whitney North Seymour, Jr., U. S. Atty., S. D., of New York, and Joseph P. Marro, New York City, of counsel), for defendant-appellee.

Before FRIENDLY, Chief Judge, WATERMAN, Circuit Judge, and ZAVATT, District Judge.

PER CURIAM:

Plaintiff David E. Lever brought this action under the Federal Tort Claims Act, 28 U.S.C. §§ 2671 et seq., to recover damages for injuries resulting from alleged acts of negligence and medical malpractice in connection with a series of operations he underwent at the Manhattan Veterans Administration Hospital in 1962. In a characteristically thorough opinion the late Judge Herlands denied Lever's claims and ordered his complaint to be dismissed...

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