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SOUTHARD v. UNITED STATES

Civ. A. No. 73-2788.

397 F.Supp. 409 (1975)

Francis W. SOUTHARD, Administrator of the Estate of Charles Michael O'Neill, Deceased v. The UNITED STATES of America and Captain Shellan, a/k/a Captain Shellaw, a/k/a Captain Shellau.

United States District Court, E. D. Pennsylvania.

June 2, 1975.

Attorney(s) appearing for the Case

Daniel E. Farmer, MacCoy, Evans & Lewis, Dameron S. Lough, Philadelphia, Pa., for plaintiff.

James P. Klapps, Torts Section, U. S. Dept. of Justice, Washington, D. C., C. Oliver Burt, III, Asst. U. S. Atty., Philadelphia, Pa., for defendant.

MEMORANDUM AND ORDER

VANARTSDALEN, District Judge.

Cross-motions for summary judgment have been filed. The relevant facts are not in dispute, and the matter is appropriate for disposition on the cross-motions. The government's motion will be granted and plaintiff's denied.

The sole issue in this case is whether the doctrine of Feres v. United States, 340 U.S. 135, 146, 71 S.Ct. 153, 95 L.Ed. 152 (1950), precludes...

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