CARON v. UNITED STATES

No. 76-1194.

548 F.2d 366 (1976)

Monique G. CARON et al., Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided December 23, 1976.


Attorney(s) appearing for the Case

Everett C. Sammartino, Asst. U. S. Atty., Providence, R. I., with whom Lincoln C. Almond, U. S. Atty., Providence, R. I., was on brief, for defendant-appellant.

John F. Dolan, Providence, R. I., with whom Leonard A. Kiernan, Jr., Providence, R. I., was on brief, for plaintiffs-appellees.

Before COFFIN, Chief Judge, CLARK, Associate Justice, U. S. Supreme Court (Ret.), CAMPBELL, Circuit Judge.


Mr. Justice CLARK:

Ernest Caron and his wife, Annette, brought this medical malpractice action against the United States on behalf of themselves and their twelve-year-old daughter, Monique, under the provisions of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671-2680. The case was tried to the court without a jury, and the District Judge found that while the Carons were stationed at the Custer Air Force Base in Battle Creek, Michigan, on August...

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