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ADAMS v. UNITED STATES

No. 83-3178.

728 F.2d 736 (1984)

Debra ADAMS, Individually and as Tutrix of Stella Adams and Bernita Holmes, Tutrix of Chavelle Oatis, Plaintiffs-Appellants, v. UNITED STATES of America, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 2, 1984.

Attorney(s) appearing for the Case

Levy, Smith & Gennusa, Alan Brandon Parker, New Orleans, La., for plaintiffs-appellants.

Joan Elaine Chauvin, Asst. U.S. Atty., New Orleans, La., Jeannie S. Bartlett, Capt., JAGC, Dept. of Army, Washington, D.C., for defendants-appellees.

Before BROWN, GEE and WILLIAMS, Circuit Judges.

GEE, Circuit Judge:

Robert Oatis, a former serviceman, died after being circumcised at the New Orleans Public Health Service Hospital on March 10, 1975. In this action we are asked to decide whether the medical negligence that allegedly caused Oatis' death constituted an "injury received incident to military service," so as to bar his survivors, plaintiffs Debra Adams and Bernita Holmes,1 from bringing suit under the Federal Tort Claims...

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