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HARTEN v. COONS

No. 74-1023.

502 F.2d 1363 (1974)

Thomas HARTEN and Laurie Harten, Plaintiffs-Appellees, v. John COONS et al., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided September 26, 1974.

Attorney(s) appearing for the Case

Judith S. Feigin, Washington, D. C. (Carla A. Hills, Asst. Atty. Gen., Victor R. Ortega, U. S. Atty., Robert E. Kopp, Dept. of Justice, Washington, D. C., on the brief), for defendants-appellants.

Louis S. Marjon, Albuquerque, N. M. (James A. Toulouse, Albuquerque, N. M., on the brief), for plaintiffs-appellees.

Before HILL and McWILLIAMS, Circuit Judges, and SMITH, District Judge.

HILL, Circuit Judge.

This is an interlocutory appeal from an order denying the government's motion to dismiss a serviceman's suit for injuries under the Federal Tort Claims Act (Act), 28 U.S.C. § 1346(b).1

Appellees are Thomas Harten and his wife, Laurie. In 1971, Thomas, on active duty in the United States Armed Forces, underwent an elective vasectomy operation at Sandia Base, New Mexico. He was then provided with an analysis...

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