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ESTATE OF MARTINELLI v. U.S., DEPT. OF ARMY

No. 86-3530.

812 F.2d 872 (1987)

ESTATE OF Eugene Lenny MARTINELLI, Rose Martinelli, Administratrix, and Rose Martinelli, individually, Appellants, v. UNITED STATES of America, DEPARTMENT OF the ARMY.

United States Court of Appeals, Third Circuit.

Decided February 27, 1987.

Attorney(s) appearing for the Case

Simon B. John, John & John, Uniontown, Pa., for appellants.

J. Alan Johnson, U.S. Atty., Bonnie R. Schlueter, Asst. U.S. Atty., Pittsburgh, Pa., for appellee.

Before SLOVITER and MANSMANN, Circuit Judges, and SCIRICA, District Judge.

Submitted Under Third Circuit Rule 12(6) February 18, 1987.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

Appellant Rose Martinelli appeals from the district court dismissal of her Federal Tort Claims Act (FTCA) suit against the United States for damages for the death of her son allegedly caused by injuries received while serving as a member of the United States Army Reserves. The district court held that suit was barred as a matter...

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