WARNER v. UNITED STATES

No. 83-1369. Summary Calendar.

720 F.2d 837 (1983)

Dwayne G. WARNER, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 5, 1983.


Attorney(s) appearing for the Case

Robert E. Hedicke, El Paso, Tex., for plaintiff-appellant.

Mark M. Greenberg, Asst. U.S. Atty., El Paso, Tex., for defendant-appellee.

Before CLARK, Chief Judge, RUBIN and JOLLY, Circuit Judges.


PER CURIAM:

The district court rendered summary judgment in favor of the government, dismissing a claim made under Federal Tort Claims Act, 28 U.S.C. § 1346(b), on the ground that the plaintiff, a soldier on active duty at the time of his injury, was barred from recovery because the injury he sustained was incident to his military service. We affirm the judgment, concluding that an injury suffered on a military base by a serviceman on private business during...

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