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WOOD v. STANDARD PRODUCTS CO., INC.

Nos. 81-1172, 81-1173.

671 F.2d 825 (1982)

Caster WOOD, Appellee, v. STANDARD PRODUCTS COMPANY, INC., United States of America, Defendants, and Dr. Robert E. Beatley, Appellant. Caster WOOD, Appellee, v. STANDARD PRODUCTS CO., INC., Defendant, United States of America, Appellant, Dr. Robert E. Beatley, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided February 24, 1982.

Attorney(s) appearing for the Case

Susan M. Sleater, Civ. Div., Dept. of Justice, Washington, D. C. (Thomas S. Martin, Acting Asst. Atty. Gen., Washington, D. C., Justin W. Williams, U. S. Atty., Alexandria, Va., Robert S. Greenspan, Civ. Div., Dept. of Justice, Washington, D. C., on brief), for appellant United States of America.

William M. Sexton, Norfolk, Va. (Thomas J. Harlan, Jr., Doumar, Pincus, Knight & Harlan, Norfolk, Va., on brief), for appellant Dr. Robert E. Beatley.

Alan W. Clarke, Lively, Va. (Clarke & Johnston, Lively, Va., Christopher Allen Meyer, Allen, Allen, Allen & Allen, Richmond, Va., on brief, for appellee.

Before RUSSELL, WIDENER and HALL, Circuit Judges.

DONALD RUSSELL, Circuit Judge:

These appeals involve two claims of error by two separate appellants in connection with a single action in tort. The first claim, asserted by the appellant United States of America, presents for decision the question whether a "contract physician" of the United States Public Health Service (PHS), who had treated medically the plaintiff pursuant to § 249, 42 U.S.C.,1 was an "employee" of the United States...

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