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HALL v. UNITED STATES

No. 71-1230.

451 F.2d 353 (1971)

Russell HALL, Plaintiff, Appellant, v. UNITED STATES of America, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided November 18, 1971.

Attorney(s) appearing for the Case

Michael E. Mone, Boston, Mass., with whom Schneider & Reilly, Inc., Boston, Mass., was on brief, for plaintiff-appellant.

Robert M. Feinson, Atty., Dept. of Justice, with whom L. Patrick Gray, III, Asst. Atty. Gen., Herbert F. Travers, Jr., U. S. Atty. and Morton Hollander, Atty., Dept. of Justice, were on brief, for defendant-appellee.

Before ALDRICH, Chief Judge, BREITENSTEIN, Senior Circuit Judge, and McENTEE, Circuit Judge.

PER CURIAM.

Plaintiff appellant's Federal Tort Claims Act complaint for malpractice injury incurred in an army hospital while he was on active service was dismissed on the authority of Feres v. United States, 1950, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152. Under the Feres doctrine, the government is not liable under the Act, 28 U.S.C. § 1346(b), "for injuries to servicemen where the injuries arise out of or are in the course...

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