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CORTEZ v. U.S.

No. 87-1663.

854 F.2d 723 (1988)

Maria Elena CORTEZ, Individually and as Next Friend of Edna Alicia Cortez, Alma Elvira Cortez, and Alexandra Elena Cortez, Minors, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 13, 1988.

Attorney(s) appearing for the Case

Irwin M. Spector, Jose E. Troche, Ray Velarde, El Paso, Tex., for plaintiff-appellant.

Russell H. Putnam, Jr., Columbia, S.C., Chuck R. Pardue, Augusta, Ga., for amicus-CAMI.

Stephen E. Deardorff, Sp. Asst. U.S. Atty., El Paso, Tex., for defendant-appellee.

Before POLITZ, KING, and SMITH, Circuit Judges.

POLITZ, Circuit Judge:

We must decide whether the widow of a member of the military, who was on the Temporary Disability Retired List (TDRL) at the time of his death, is barred by the Feres1 doctrine from bringing a suit against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671-80. Concluding that there is no Feres bar, we reverse the district court's dismissal and remand for...

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