HENNINGER v. UNITED STATES

No. 26467.

473 F.2d 814 (1973)

Richard V. HENNINGER, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

January 17, 1973.


Attorney(s) appearing for the Case

William Beal Dunn (argued), of Dunn, Hart & McDonald, San Francisco, Cal., for plaintiff-appellant.

Walter H. Fleischer, Atty. (argued) Leonard Schaitman, Atty., L. Patrick Gray, III, Asst. Atty. Gen., Washington, D. C., James L. Browning, U. S. Atty., San Francisco, Cal., for defendant-appellee.

Before DUNIWAY and TRASK, Circuit Judges, and BURNS, District Judge.


DUNIWAY, Circuit Judge:

Henninger's Federal Tort Claims action was dismissed by the district court and he appeals. We affirm.

Henninger was scheduled for discharge from the Navy on May 29, 1966. At his physical examination, the last step in the discharge process, it was discovered that he had a double hernia. Although Henninger expressed a desire to have this condition repaired after he became a civilian, he was informed that his medical release would not...

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