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Gold v. United States

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


decided: December 20, 1967.

SAMUEL GOLD, APPELLANT,
v.
UNITED STATES OF AMERICA

Staley, Chief Judge, Kalodner and Forman, Circuit Judges.

Author: Per Curiam

Opinion OF THE COURT

The plaintiff, a civilian employee at the Philadelphia Naval Shipyard, sustained injuries while performing his duties. He was furnished medical and surgical treatment by the defendant United States at the Philadelphia Naval Hospital. He brought this action under the Federal Tort Claims Act seeking damages from the United States for alleged malpractice in the treatment accorded to him at the Naval Hospital.

The District Court granted summary judgment in favor of the United States on the ground that the Federal Employees' Compensation Act, 5 U.S.C.A. ยง 751 et seq., to which the plaintiff had resorted prior to the institution of the instant action, is the exclusive remedy available to the plaintiff.

We are of the opinion that the District Court did not err in its disposition. The Order granting summary judgment will be affirmed.

19671220

© 1998 VersusLaw Inc.



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