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MADSEN v. U.S. EX REL. U.S. ARMY, CORPS OF ENG.

No. 87-2046.

841 F.2d 1011 (1987)

J. Gary MADSEN, Plaintiff-Appellee, v. The UNITED STATES of America, ex rel. The UNITED STATES ARMY, CORPS OF ENGINEERS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 29, 1987.

Attorney(s) appearing for the Case

Joanne R. Marvin, Dept. of Justice (Richard K. Willard, Asst. Atty. Gen., Dept. of Justice; William L. Lutz, U.S. Atty., D.N.M.; and Jeffrey Axelrad, Dept. of Justice, with her on the briefs), Washington, D.C., for defendant-appellant.

Bruce P. Moore, Albuquerque, N.M. (Leof T. Strand, Albuquerque, N.M., with him on the brief), for plaintiff-appellee.

Before McKAY, BARRETT and TACHA, Circuit Judges.

McKAY, Circuit Judge.

This appeal presents the issue of whether a military service-member is barred under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680 (1982), and its jurisdictional component, 28 U.S.C. § 1346(b) (1982), from suing the United States for alleged negligent acts of Army medical personnel while hospitalized in a military medical facility. Gary Madsen was admitted to an Army medical...

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