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VALDIVIEZ v. U.S.

No. 88-5615 Summary Calendar.

884 F.2d 196 (1989)

Jose R. VALDIVIEZ, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

As Amended on Denial of Rehearing October 19, 1989.

Attorney(s) appearing for the Case

Jeffrey C. Anderson, Southers & Lyons, Inc., San Antonio, Tex., for plaintiff-appellant.

Winstanley F. Luke, John F. Paniszczyn, Asst. U.S. Attys., Helen M. Eversberg, U.S. Atty., LeRoy Morgan Jahn, Asst. U.S. Atty., San Antonio, Tex., for defendant-appellee.

Before GEE, REAVLEY and DUHE, Circuit Judges.

DUHE, Circuit Judge:

The issue in this case is whether the United States is liable under the Federal Tort Claims Act, 28 U.S.C. § 1346 et seq. for the consequences that flowed from a homosexual serviceman's act of donating blood contaminated with the virus that causes Acquired Immunodeficiency Syndrome (AIDS). The district court held that it was not.

FACTS

Before donating blood during a military sponsored blood drive, a serviceman signified...

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