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BOZEMAN v. UNITED STATES

No. 233, Docket 85-6131.

780 F.2d 198 (1985)

Julie A. BOZEMAN, As Administratrix of the Goods, Chattels and Credits of Johnny R. Bozeman, Deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 17, 1985.

Attorney(s) appearing for the Case

Lee S. Michaels, Auburn, N.Y., for plaintiff-appellant.

Frederick C. Emery, Jr., Asst. U.S. Atty., W.D. of N.Y., Rochester, N.Y. (Salvatore R. Martoche, U.S. Atty. for the W.D. of N.Y., Rochester, N.Y., of counsel), for defendant-appellee.

Before FEINBERG, Chief Judge, VAN GRAAFEILAND and MESKILL, Circuit Judges.

MESKILL, Circuit Judge:

Mrs. Bozeman appeals the order of the United States District Court for the Western District of New York, Telesca, J., granting defendant's motion under Fed.R.Civ.P. 12(b)(6) and dismissing her claim for relief under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. (1982) (FTCA), on the ground that it was barred by the doctrine of Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L...

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