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BAKER v. BARBER

No. 80-5493.

673 F.2d 147 (1982)

Ralph E. BAKER, Plaintiff-Appellant, v. Frank A. BARBER, M.D., and James B. Talmage, M.D., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 9, 1982.

Attorney(s) appearing for the Case

Ann B. Oldfather, Wyatt, Tarrant & Combs, Louisville, Ky., for plaintiff-appellant.

Michael Tilley, Asst. U. S. Atty., Louisville, Ky., Barbara L. Herwig, Susan J. Herdina, Dept. of Justice Civil Division, Appellate Staff, Marleigh D. Dover Lang, Robert E. Kopp, U. S. Dept. of Justice, Civil Division, Washington, D. C., for defendants-appellees.

Before STEWART, Associate Justice (Retired) and LIVELY and MERRITT, Circuit Judges.

PER CURIAM.

In this diversity case, the plaintiff, a federal civilian employee, seeks recovery for alleged medical malpractice against two Army physicians who treated him for an injury received during the course of his employment at Fort Knox, Kentucky. The District Court held that the plaintiff, who is eligible for compensation under the Federal Employees Compensation Act (FECA), 5 U.S.C. §§ 8101-93, is barred by the federal medical malpractice immunity...

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