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CALHOUN v. UNITED STATES

Civ. No. 76-937-E.

475 F.Supp. 1 (1977)

Betty CALHOUN et al. v. UNITED STATES of America et al.

United States District Court, S. D. California.

May 26, 1977.

Attorney(s) appearing for the Case

J. Warren Beall, Oceanside, Cal., for plaintiffs.

Terry Knoepp, U. S. Atty., Donald F. Shanahan, Asst. U. S. Atty., San Diego, Cal., for defendants.

MEMORANDUM DECISION AND ORDER

ENRIGHT, District Judge.

This case presents an important application of a court-made exception to the Federal Tort Claims Act for injuries arising incident to military service. Plaintiffs, the survivors of a Marine Corps recruit, have brought this action for wrongful death against the United States and individuals in decedent's chain of command. Defendants have filed a motion to dismiss, or in the alternative, for summary judgment...

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