No. 88-3828.

877 F.2d 309 (1989)

Josef T. APPELHANS, Jr., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 19, 1989.

Attorney(s) appearing for the Case

John Leon Martin, Washington, D.C., (Christopher K. Speed, Arthur & Speed, Ltd., Arlington, Va., on brief), for plaintiff-appellant.

Melvin Gilbert Olmscheid, Office of the Judge Advocate Gen., Dept. of the Army (Henry E. Hudson, U.S. Atty., Dennis E. Szybala, Asst. U.S. Atty., Alexandria, Va. on brief), for defendant-appellee.

Before ERVIN, Chief Judge, and WINTER and WILKINSON, Circuit Judges.

ERVIN, Chief Judge:

In a line of cases beginning with Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950), the Supreme Court has consistently held that the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 2671-2680, bars military personnel from suing the sovereign for alleged torts that occur "during the course of an activity incident to service." United States v. Johnson, 481...

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