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SMITH v. MARSHALL

No. 88-5757.

885 F.2d 650 (1989)

Marcus S. SMITH; Hildegard U. Smith, Plaintiffs-Appellants, v. William MARSHALL, Jr., M.D., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 26, 1989.

Attorney(s) appearing for the Case

Walter A. Oleniewski, Ashley Joel Gardner, Shulman, Rogers, Gandal, Pordy & Ecker, P.A., Rockville, Md., for plaintiffs-appellants.

Nikki Calvano, Dept. of Justice, Civ. Div., Washington, D.C., for defendant-appellee.

Before HALL, WIGGINS and THOMPSON, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

This is a medical malpractice suit against a military physician. Jurisdiction in the district court was founded on diversity of citizenship. The case presents two questions never addressed by this circuit: (1) whether an American military physician working in a foreign country is immune from a malpractice suit under 10 U.S.C. § 1089 (1982)1 and (2) whether the physician is immune from suit under the...

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