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MOHR v. UNITED STATES

Civ. No. 38591.

184 F.Supp. 80 (1960)

Dorothy A. MOHR, Plaintiff, v. UNITED STATES of America et al., Defendants.

United States District Court N. D. California, S. D.

March 16, 1960.

Attorney(s) appearing for the Case

Allard & Seyranian, Oakland, Cal., for plaintiff.

Lynn J. Gillard, U. S. Atty., Frederick J. Woelflen, Asst. U. S. Atty., San Francisco, Cal., for defendant.

GOODMAN, Chief Judge.

The United States has moved for dismissal of this action brought against it under the Federal Tort Claims Act, 28 U.S.C.A. § 2671 et seq., upon the ground that plaintiff's exclusive remedy is afforded by the Federal Employees' Compensation Act, 39 Stat. 742, as amended, 5 U.S.C.A. § 751 et seq.

Plaintiff brought this action to recover damages for the death of her husband who, her complaint alleges, died as a result of an injection...

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