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BANKSTON v. UNITED STATES

No. 72-2755.

480 F.2d 495 (1973)

Inez D. BANKSTON, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 25, 1973.

Attorney(s) appearing for the Case

Benjamin B. Saunders, New Orleans, La., for plaintiff-appellant.

Gerald J. Gallinghouse, U. S. Atty., New Orleans, La., Morton Hollander, Stanton R. Koppel, Dept. of Justice, Washington, D. C., for defendant-appellee.

Before COLEMAN, MORGAN and RONEY, Circuit Judges.

RONEY, Circuit Judge:

Plaintiff seeks recovery under the Federal Tort Claims Act, 28 U.S.C.A. § 1346(b) et seq., for the wrongful death of her son as the result of alleged medical malpractice by the staff of a United States Public Health Service Hospital. The District Court granted the Government's motion for summary judgment on the ground that the Government is not liable under the Tort Claims Act for injuries to servicemen when the injuries arise out of or...

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