SCHEPPAN v. UNITED STATES

No. 86-1066.

810 F.2d 461 (1987)

Jeanette SCHEPPAN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 5, 1987.


Attorney(s) appearing for the Case

Mark J. Brice (Glenn K. Garnes; Koonz, McKenney & Johnson on brief) for appellant.

Dwight G. Rabuse, Appellate Staff, Dept. of Justice, Civil Division (Richard K. Willard, Asst. Atty. Gen., Justin W. Williams, U.S. Atty. on brief), for appellee.

Before WINTER, Chief Judge, BUTZNER, Senior Circuit Judge, and MACKENZIE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.


BUTZNER, Senior Circuit Judge:

Jeanette Scheppan appeals the dismissal of her medical malpractice action against the United States. We affirm the judgment of the district court, because Scheppan's status as a commissioned officer of the Public Health Service bars her from suing the government for service connected injuries.

Scheppan was admitted for elective surgery to the Indian Health Service Hospital in Tuba City, Arizona. Scheppan served at the hospital...

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