STUPPY v. UNITED STATES

No. 76-2004.

560 F.2d 373 (1977)

Ramoth STUPPY, Individually and as mother and natural guardian of Lance Stuppy and Jean Stuppy, minors, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 3, 1977.

Rehearing and Rehearing September 1, 1977.


Attorney(s) appearing for the Case

Donald Etra (argued), and Atty., Civil Div., Dept. of Justice, Washington, D. C., Rex E. Lee, Asst. Atty. Gen., Washington, D. C., Bert C. Hurn, U. S. Atty., Kansas City, Mo., and Ronald R. Glancz and Walter A. Oleniewski, Washington, D. C., on brief, for appellant.

James L. Crabtree, Kansas City, Mo., on brief, for appellee. Crabtree also filed brief.

Before VAN OOSTERHOUT, Senior Circuit Judge, STEPHENSON and WEBSTER, Circuit Judges.


Rehearing and Rehearing En Banc September 1, 1977.

STEPHENSON, Circuit Judge.

The central issue on this appeal concerns plaintiff Stuppy's claim of negligence by agents of the defendant, the United States of America. The action below was brought pursuant to the Federal Tort Claims Act1 by Ramoth Stuppy, the widow of Charles E. Stuppy, who at the time of his death was a psychiatric patient at the Veterans Administration Hospital...

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