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OCELLO v. U.S.

Civ. A. No. 87-4620.

685 F.Supp. 100 (1988)

Joseph OCELLO, Plaintiff, v. UNITED STATES of America, et al., Defendants.

United States District Court, D. New Jersey.

May 18, 1988.

Attorney(s) appearing for the Case

John J. Mahoney, Berkeley Heights, N.J., for plaintiff.

Jeffrey D. Smith, Asst. U.S. Atty., Office of the U.S. Atty., D. New Jersey, Newark, N.J., for defendants.

OPINION

SAROKIN, District Judge.

In this medical malpractice action involving armed forces physicians, defendants move to dismiss plaintiff's complaint or for summary judgment.

INTRODUCTION

Membership in the armed forces gives rise to dangers not encountered in ordinary civilian life. There are numerous valid and practical reasons to immunize the government from liability for acts of those who are responsible for the safety and discipline...

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