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CRUMPLER v. UNITED STATES

No. 78 Civ. 4778 (CHT).

495 F.Supp. 266 (1980)

Audrey CRUMPLER, as Administratrix of the Estate of John Ray Crumpler, deceased, and Audrey Crumpler, Individually, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, S. D. New York.

August 20, 1980.

Attorney(s) appearing for the Case

Eric S. Brown, Law Offices of Thomas Hoffman, New York City, for plaintiff.

John S. Martin, Jr., U. S. Atty. for the Southern District of New York, New York City, for defendant; Janis P. Farrell, Asst. U. S. Atty., New York City, of counsel.

OPINION

TENNEY, District Judge.

Audrey Crumpler, administratrix of the estate of her husband John Ray Crumpler, instituted this medical malpractice, wrongful death action against the United States pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 2671 et seq. ("FTCA"). The government has moved for summary judgment on the ground that the plaintiff's claim is barred by the Feres doctrine which precludes liability for injuries to...

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