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OVERSTREET v. UNITED STATES

Civ. A. No. 79-511-N.

528 F.Supp. 838 (1981)

William B. OVERSTREET, Sr., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, M. D. Alabama, N. D.

December 14, 1981.

Attorney(s) appearing for the Case

Jasper B. Roberts, Lewis B. Hickman, Jr., Montgomery, Ala., and C. Neal Pope, Pope & Hermann, Atlanta, Ga., for plaintiff.

Barry E. Teague, U. S. Atty., Kenneth E. Vines, Asst. U. S. Atty., Montgomery, Ala., for defendant.

MEMORANDUM OPINION

HOBBS, District Judge.

In this action, plaintiff William Overstreet has sued the United States for damages under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2671 et seq., for alleged medical malpractice during the course of surgery to repair plaintiff's hiatal hernia at a United States Air Force hospital on June 21, 1974. It is conceded that in the course of such surgical procedure, the doctors performing the surgery inadvertently...

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