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HELLER v. UNITED STATES

No. 85-1196.

776 F.2d 92 (1985)

HELLER, Paul, As Widower and as Parent and Natural Guardian of Jacob Heller, a minor, and Paul Heller, As Administrator of the Estate of Gail Simpson Heller, Deceased v. The UNITED STATES and United States Air Force Regional Medical Center Clark (PACAF) Phillipines, and Bettye H., Ltc. USAF; Hipps, Kimberly D.; Morris, Francis M., Capt. USAF; Yap, Dr. Rose; Diaz, Mai C., M.D.; Villano, Mercedes P., Major, USAF; Jolliff, Reade B., Capt. USAF; Moffett, Glen W., Capt., USAF; Conatser, David, Major, USAF, as Agent, Servants, Workmen and/or Employees of the United States. Appeal of Paul HELLER, Appellant.

United States Court of Appeals, Third Circuit.

Decided November 5, 1985.

Attorney(s) appearing for the Case

Michael S. Durst (argued), Robert B. Mozenter, Mozenter, Molloy & Durst, Philadelphia, Pa., for appellant.

Major Michael L. Fox (argued), Dept. of the Air Force, Susan Dein Bricklin, Asst. U.S. Atty., Edward S.G. Dennis, Jr., U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Chief of Appeals, Philadelphia, Pa., for appellees.

Before ADAMS and HUNTER, Circuit Judges, and FISHER, District Judge.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

Appellant Paul Heller filed this action under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b), 2671-80 (1982), seeking compensation and punitive damages for the wrongful death of his wife, Gail Simpson Heller. Heller alleges that the United States is liable for the negligent medical treatment his wife received at Clark Air Force Base, Republic of the Philippines. The District Court...

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