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BUENO v. U.S.

No. CIV.A.SA-97-CA1383FB.

64 F.Supp.2d 627 (1999)

Guadalupe L. BUENO, Individually and as Representative of the Estate of Antonio Bueno, and Adrienne Wendy Askew, Tony R. Bueno, and Maria V. Bueno, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, W.D. Texas, San Antonio Division.

May 25, 1999.

Attorney(s) appearing for the Case

Robert C. Scott, Tinsman & Houser, Inc., San Antonio, for Guadalupe L. Bueno, Individually and as Representative of the Estate of Antonio Bueno, Adrienne Wendy Askew, Tony R. Bueno, Maria V. Bueno, plaintiffs.

Matthew L. Zabel, U.S. Department of Justice, Washington, DC, for USA, defendants.

OPINION AND JUDGMENT OF THE COURT

BIERY, District Judge.

Neither all saint nor all sinner, Major Antonio Bueno, United States Army (ret.), was trained as a warrior to follow orders, some of which in this case turned out to be erroneous. Nevertheless, possessed of a free will, he made choices which contributed to his death at age 49.

Making an economic choice to receive military medical care by virtue of his retirement benefits, Major Bueno...

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