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STANSBERRY v. MIDDENDORF

No. 76-2351.

567 F.2d 617 (1978)

Ralph Demsey STANSBERRY, Jr., Appellee, v. J. William MIDDENDORF, II, Secretary of the Navy, and United States of America, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 4, 1978.

Attorney(s) appearing for the Case

Christine W. Dean, Asst. U. S. Atty., Raleigh, N. C. (Carl L. Tilghman, U. S. Atty., and Joseph W. Dean, Asst. U. S. Atty., Raleigh, N. C., on brief), for appellant.

Charles K. McCotter, Jr., New Bern, N. C. (McCotter & Mayo, New Bern, N. C., on brief), for appellee.

Before WINTER, RUSSELL, and HALL, Circuit Judges.

PER CURIAM:

The plaintiff, a member of the United States Navy stationed at Cherry Point Naval Air Station, became ill while attending a party.1 He was returned to his military quarters and his condition worsened. His wife later arrived, but by this time, plaintiff had become unconscious. She called an ambulance, and while plaintiff was being transported to the hospital in a Navy ambulance, he was injured in a wreck which

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