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AHERN v. VETERANS ADMINISTRATION

No. 75-1667.

537 F.2d 1098 (1976)

John B. AHERN, Plaintiff-Appellee, v. VETERANS ADMINISTRATION, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided June 25, 1976.

Attorney(s) appearing for the Case

John J. Duhigg, Albuquerque, N. M. (Bruce P. Moore, Alburquerque, N. M., on the brief), of Duhigg & Cronin, Albuquerque, N. M., for plaintiff-appellee.

Mark N. Mutterperl (Leonard Schaitman, Attys., Appellate Section, Washington, D.C., on the brief), (Rex E. Lee, Asst. Atty. Gen., Washington, D.C. and Victor R. Ortega, U.S. Atty., Albuquerque, N. M., on the brief), for defendant-appellant.

Before McWILLIAMS and BARRETT, Circuit Judges, and STANLEY, District Judge.

BARRETT, Circuit Judge.

The United States through the Veterans Administration (VA) appeals from a judgment entered in favor of John B. Ahern (Ahern) in the amount of $150,000. Ahern filed suit pursuant to 28 U.S.C.A., § 1346(b), commonly referred to as the Federal Tort Claims Act.

Facts

This case involves the medical treatment administered to Ahern in connection with a cancerous tumor.

In early 1971 Ahern complained that he was...

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