RICKS v. UNITED STATES

No. 87-8710 Non-Argument Calendar.

842 F.2d 300 (1988)

Marjorie RICKS, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 12, 1988.


Attorney(s) appearing for the Case

Mincey & Associates, Floyd Mincey, Dublin, Ga., for plaintiff-appellant.

Kenneth C. Etheridge, Asst. U.S. Atty., Savannah, Ga., for defendant-appellee.

Before RONEY, Chief Judge, HATCHETT and ANDERSON, Circuit Judges.


PER CURIAM:

The issue in this case is whether an enlisted soldier of the United States Army who is on a 100% disability retired list is prevented by the Feres doctrine from asserting a malpractice action against the United States. The district court held the claim was barred. We affirm.

When the serviceman died in an army hospital, the administratrix of his estate brought the complaint. The facts which control the case are undisputed. Rickie Lee Ricks...

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