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PELPHREY v. UNITED STATES

No. 81-1503.

674 F.2d 243 (1982)

Jean H. PELPHREY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 22, 1982.

Attorney(s) appearing for the Case

Judith M. Zeigler, Wayne Lustig, Virginia Beach, Va. (Guy, Cromwell, Betz & Lustig, Virginia Beach, Va., on brief), for appellant.

John F. Kane, Asst. U. S. Atty., Alexandria, Va. (Justin W. Williams, U. S. Atty., Alexandria, Va., on brief), for appellee.

Before WIDENER, ERVIN, and CHAPMAN, Circuit Judges.

ERVIN, Circuit Judge:

Jean H. Pelphrey brought this action against the United States under the Federal Torts Claim Act (FTCA), 28 U.S.C. §§ 1346(b), 2671 et seq. and 10 U.S.C. § 1089, for damages arising from a radical mastectomy performed at the Navy Regional Medical Center in the Philippines. Her claim for damages was predicated on both the alleged wrongful acts of the surgeon, which occurred in the Philippines, and the alleged wrongful acts...

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