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MARTIN v. UNITED STATES

Civ. A. No. 73-2016.

404 F.Supp. 1240 (1975)

Priscilla N. MARTIN, Administratrix for the Estate of Michael B. Moyer, Deceased, v. UNITED STATES of America.

United States District Court, E. D. Pennsylvania.

September 19, 1975.

Attorney(s) appearing for the Case

Emil F. Toften, Philadelphia, Pa., for Martin.

C. Oliver Burt, Asst. U. S. Atty., Philadelphia, Pa., for defendant.

MEMORANDUM AND ORDER

DITTER, District Judge.

Plaintiff's decedent, Michael B. Moyer, a soldier on active duty in Germany, died of complications following surgery for appendicitis. This suit was brought under the provisions of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680, against the United States to recover damages for the alleged malpractice of army medical personnel. Presently before the court is defendant's motion to dismiss...

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