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TORRES v. UNITED STATES

No. 79-1530.

621 F.2d 30 (1980)

Jose D. Montero TORRES, Plaintiff, Appellant, v. UNITED STATES of America, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided May 19, 1980.

Attorney(s) appearing for the Case

Jose E. Fernandez Sein, Rio Piedras, P. R., with whom Harvey B. Nachman, Santurce, P. R., was on brief, for plaintiff, appellant.

Susan A. Ehrlich, Washington, D. C., with whom Alice Daniel, Asst. Atty. Gen., Washington, D. C., Jose A. Quiles, U. S. Atty., San Juan, P. R., Leonard Schaitman and Wendy M. Keats, Attys., Civ. Div., Dept. of Justice, Washington, D. C., were on brief, for defendant, appellee.

Before COFFIN, Chief Judge, WISDOM, Senior Circuit Judge, and CAMPBELL, Circuit Judge.

COFFIN, Chief Judge.

This appeal is from the dismissal of appellant's action under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680 (1976). The complaint alleges certain acts of negligence by the United States Army pertaining to the classification of appellant's discharge from service. The chief issue presented on this appeal is whether the doctrine of Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed....

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