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AFONSO v. CITY OF BOSTON

Civ. A. No. 83-3105-K.

587 F.Supp. 1342 (1984)

Candida AFONSO, Rogenio Afonso, Plaintiffs, v. CITY OF BOSTON, John H. Exner, Defendants.

United States District Court, D. Massachusetts.

May 25, 1984.

Attorney(s) appearing for the Case

Thomas Smith, Steven L. Hoffman, Sugarman & Sugarman, P.C., Boston, Mass., for plaintiffs.

Marianne B. Bowler, Asst. U.S. Atty., Boston, Mass., for defendants.

Claire Berman, City of Boston Law Dept., Boston, Mass., for City of Boston.

Opinion

KEETON, District Judge.

This case presents questions concerning the interpretation of the federal medical malpractice immunity statute, 10 U.S.C. § 1089. The undisputed facts relevant to the issues before me now are that defendant John Exner treated plaintiff Candida Afonso at the Boston City Hospital in May 1981. At that time, Exner was on military duty with the U.S. Air Force. He was detailed to a private university, where he was training...

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