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DAVIS v. UNITED STATES

Nos. 79-3634, 79-3494.

667 F.2d 822 (1982)

Alan E. DAVIS, Plaintiff-Appellant, v. UNITED STATES of America, Lt. Col. R. E. Stoffey, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 8, 1982.

Attorney(s) appearing for the Case

Phillip M. Connor, San Diego, Cal., for plaintiff-appellant.

Stephen V. Petix, Asst. U. S. Atty., San Diego, Cal., for defendants-appellees.

Before HUG and ALARCON, Circuit Judges, and MARSHALL, District Judge.

HUG, Circuit Judge:

Alan E. Davis brought this action under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b), 2671-2680, against the United States and Lt. Col. R. E. Stoffey, Davis's commanding officer in the Marine Corps. Davis sought damages for alleged intentional misuse of General Court-Martial proceedings. The district court dismissed, holding that the action was barred by the doctrine developed in Feres v. United States,

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