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CUTSHALL v. U.S.

No. 95-2162.

75 F.3d 426 (1996)

Carianne C. CUTSHALL, individually and as parent and natural guardian of Brandon T. Cutshall; Brandon T. Cutshall, a minor child, Appellees, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 1, 1996.

Attorney(s) appearing for the Case

Howard S. Scher, Appellate Attorney with the Civil Division of the U.S. Department of Justice, argued (Frank W. Hunger, Assistant Attorney General, Edward L. Dowd, Jr., United States Attorney, and Robert S. Greenspan, Appellate Attorney with the Civil Division of the U.S. Department of Justice, on the brief), for appellant.

Martha L. Neese, Bloomington, Minnesota, argued (Diana M. Olson, on the brief), for appellees.

Before MAGILL, BRIGHT and MURPHY, Circuit Judges.

BRIGHT, Circuit Judge.

Carianne C. Cutshall, a corporal in the United States Marine Corps, filed this action seeking damages for medical malpractice under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b). The United States government moved for summary judgment, arguing that the Feres doctrine bars suits by military personnel for injuries that "arise out of or are in the course of activity incident to service." Feres v. United States,

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