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HARVEY v. U.S.

No. 88-4222.

884 F.2d 857 (1989)

Thomas N. HARVEY, Jr., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 3, 1989.

Attorney(s) appearing for the Case

Tony C. Tillman, Tillman & Anderson, Leesville, La., for plaintiff-appellant.

Lawrence W. Moon, Jr., Thomas B. Thompson, Asst. U.S. Attys. Joseph S. Cage, Jr., U.S. Atty., Lafayette, La., for defendant-appellee.

Before WISDOM, GARWOOD, and DAVIS, Circuit Judges.

WISDOM, Circuit Judge:

This case requires us to determine whether the Feres1 doctrine bars a member of the military, allegedly injured while on medical hold for disability processing, from bringing suit under the Federal Tort Claims Act (FTCA).2 We conclude that the Feres doctrine does not bar the plaintiff's action. Accordingly, we reverse the magistrate's

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