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MARTINEZ v. SCHROCK

No. 74-2296.

537 F.2d 765 (1976)

Raphaela MARTINEZ, Administratrix ad Prosequendum and General Administratrix of the Estate of Miquel Martinez, Jr. Deceased, Appellant, v. Lawrence SCHROCK, M.D., and Ankia Chandrasekaran, M.D., Appellees.

United States Court of Appeals, Third Circuit.

Reargued May 14, 1976.

Decided June 25, 1976.

Attorney(s) appearing for the Case

Edward F. Liston, Jr., Novins, Novins, Farley & Grossman, Toms River, N. J., for appellant.

Jonathan L. Goldstein, U.S. Atty., Newark, N. J., Ronald L. Reisner, Asst. U.S. Atty., Trenton, N. J., for appellees.

Before SEITZ, Chief Judge, and VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS and GARTH, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

Bailey v. DeQuevedo, 375 F.2d 72, 74 (3d Cir.), cert. denied, 389 U.S. 923, 88 S.Ct. 247, 19 L.Ed.2d 274 (1967), held that "an enlisted man in the armed services of the United States cannot maintain an action against an Army medical surgeon for negligence in an operation performed at an Army hospital in line of duty." The question presented here is whether that...

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