EXNICIOUS v. UNITED STATES

No. 75-1931.

563 F.2d 418 (1977)

Jules J. EXNICIOUS, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided September 19, 1977.

Rehearing and Rehearing November 7, 1977.


Attorney(s) appearing for the Case

Blaine A. Rutenbeck, Denver, Colo., for plaintiff-appellant.

Carolyn J. McNeill, Asst. U. S. Atty., Denver, Colo. (James L. Treece, U. S. Atty. and Richard J. Spelts, First Asst. U. S. Atty., Denver, Colo., on the brief), for defendant-appellee.

Before HOLLOWAY and McWILLIAMS, Circuit Judges, and CHRISTENSEN, District Judge.


Rehearing and Rehearing In Banc Denied November 7, 1977.*

HOLLOWAY, Circuit Judge.

Plaintiff Jules Exnicious appeals from the dismissal of his action against the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq. (1970), to recover damages for injuries resulting from the alleged malpractice of doctors employed by the Veterans Administration (VA). Plaintiff asserts two basic claims...

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