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HOESL v. UNITED STATES

No. C-77-0948-CBR.

451 F.Supp. 1170 (1978)

Gerald J. HOESL, Plaintiff, v. UNITED STATES of America and Dr. David Allen Kasuboski, Defendants.

United States District Court, N. D. California.

April 26, 1978.

Attorney(s) appearing for the Case

Harvey M. Kletz, Kletz & Moll, Oakland, Cal., for plaintiff.

G. William Hunter, U. S. Atty., John F. Barg, Asst. U. S. Atty., San Francisco, Cal., for defendants.

MEMORANDUM OF OPINION

RENFREW, District Judge.

Plaintiff brought this action against the United States and Dr. David Allen Kasuboski under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 2671-2680. Only the United States was served. The Court has jurisdiction pursuant to 28 U.S.C. § 1346(b).

On December 22, 1977, defendants filed a motion to dismiss the action for failure to state a claim upon which relief may be granted or, in...

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