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JEFFERSON v. UNITED STATES

Civil Action No. 3692.

74 F.Supp. 209 (1947)

JEFFERSON v. UNITED STATES.

District Court, D. Maryland.

October 23, 1947.

Attorney(s) appearing for the Case

Morris & Rosenberg, of Baltimore, Md. (Tydings, Sauerwein, Archer, Benson & Boyd, of Baltimore, Md., of counsel), for plaintiff.

Bernard J. Flynn, U. S. Atty., and Jas. B. Murphy, Asst. U. S. Atty., both of Baltimore, Md., for defendant.

CHESNUT, District Judge.

This case presents another new, difficult and unprecedented question arising under the Federal Tort Claims Act, 28 U.S.C.A. § 921 et seq. The question is whether the Act authorizes a suit by a former member of the Military Forces to recover damages allegedly caused by a negligent abdominal operation performed on the soldier on or about July 3, 1945, by an Army surgeon in the State of Virginia (the plaintiff being a citizen of Maryland...

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