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KNIGHT v. DEPARTMENT OF ARMY

No. SA 88 CA 874.

757 F.Supp. 790 (1991)

Joseph S. KNIGHT, Sr., and Bette J. Knight, Plaintiffs, v. DEPARTMENT OF the ARMY, Defendant.

United States District Court, W.D. Texas, San Antonio Division.

January 15, 1991.

Attorney(s) appearing for the Case

Jeffrey C. Anderson, San Antonio, Tex., for plaintiffs.

John F. Paniszczynn, Winstanley F. Luke, Asst. U.S. Attys., San Antonio, Tex., for defendants Department of the Army and the U.S.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

GARZA, District Judge.

In essence, this Court is required to decide whether a reasonable person, prior to the availability of commercial tests to detect the presence of the Human Immunodeficiency virus ("HIV" virus)1 in blood, would refuse surgery consisting of five coronary artery bypass graft (CABG) procedures and face an imminent heart attack in order to avoid the minimal, though deadly...

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