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VALN v. UNITED STATES

No. 82-1568.

708 F.2d 116 (1983)

James I. VALN, Appellant, v. UNITED STATES of America Department of Defense, United States Army, Appellee.

United States Court of Appeals, Third Circuit.

Decided May 31, 1983.

As Amended June 13, 1983.

Attorney(s) appearing for the Case

David Rudovsky (argued), Kairys, Rudovsky & Maguigan, Philadelphia, Pa., Lee Goldstein, Balick & Yucht, Wilmington, Del., for appellant.

Peggy L. Ableman (argued), Asst. U.S. Atty., Joseph J. Farnan, Jr., U.S. Atty., Wilmington, Del., for appellee.

Before HUNTER and HIGGINBOTHAM, Circuit Judges, and GERRY, District Judge.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

James Valn filed the instant action in the United States District Court for the District of Delaware under the Federal Tort Claims Act ("FTCA"). 28 U.S.C. §§ 2671-2680 (1976 & Supp. V 1981). He sought monetary damages against the United States for a series of alleged negligent and wrongful acts that resulted in his involuntary activation into the military and his imprisonment for refusing...

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