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VOTTELER v. U.S.

No. 888, Docket 89-6187.

904 F.2d 128 (1990)

Robert E. VOTTELER, Jr., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 17, 1990.

Attorney(s) appearing for the Case

Christopher G. Kelly, New York City (Stephen K. Carr, Haight, Gardner, Poor & Havens, New York City, on the brief), for plaintiff-appellant.

Gary R. Brown, Asst. U.S. Atty., Brooklyn, N.Y. (Andrew J. Maloney, U.S. Atty., and Robert L. Begleiter, Asst. U.S. Atty., Brooklyn, N.Y., on the brief), for defendant-appellee.

Before OAKES, Chief Judge, and NEWMAN and WALKER, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

Robert E. Votteler, Jr., appeals from the June 23, 1989, judgment of the District Court for the Eastern District of New York (Charles P. Sifton, Judge) dismissing his complaint brought under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-80 (1982). Votteler sued the Secretary of Health and Human Services, alleging medical malpractice by a Public Health Service physician at the PHS Hospital on Staten Island where he...

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