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KENDRICK v. U.S.

Nos. 88-1350, 88-3891.

877 F.2d 1201 (1989)

Gary W. KENDRICK; Shane Kendrick, a minor child, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. (Two Cases)

United States Court of Appeals, Fourth Circuit.

Decided June 16, 1989.

Rehearing and Rehearing Denied July 26, 1989.

Attorney(s) appearing for the Case

Russell H. Putnam, Jr. (William Frederick Austin, P.A., Columbia, S.C., Chuck Richard Pardue, Kilpatrick & Pardue, Augusta, Ga., on brief), for plaintiffs-appellants.

Raymond Emery Clark, Asst. U.S. Atty., Columbia, S.C., (Vinton D. Lide, U.S. Atty. on brief), for defendant-appellee.

Before CHAPMAN and WILKINSON, Circuit Judges, and DOUMAR, United States District Judge for the Eastern District of Virginia, sitting by designation.

Rehearing and Rehearing In Banc Denied July 26, 1989.

CHAPMAN, Circuit Judge:

This case presents the question of whether the doctrine established in Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950), bars an action brought under the Federal Tort Claims Act by an individual on the Army's Temporary Disability Retired List alleging medical malpractice. The appellant alleges that attending military physicians...

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