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Henning v. United States

decided: July 13, 1971.

RALPH J. HENNING, APPELLANT,
v.
UNITED STATES OF AMERICA



Biggs and Kalodner, Circuit Judges and Whipple, District Judge.

Author: Biggs

Opinion OF THE COURT

BIGGS, Circuit Judge.

Appellant, Henning brought this suit under the Federal Tort Claims Act, 28 U.S.C. ยงยง 1346(b), 2671 et seq. to recover damages for:

"(a) causing the plaintiff to contract the disease of tuberculosis;

"(b) failing to discover that plaintiff had contracted the disease of tuberculosis both before and after discharge;

"(c) failing to properly administer x-rays both before and after discharge;

"(d) failing to maintain testing equipment in proper condition both before and after discharge;

"(e) failing to properly analyze the x-rays both before and after discharge;

"(f) failing to select competent personnel both before and after discharge;

"(g) failing to warn the plaintiff of a known danger both before and after discharge;

"(h) failing to treat the plaintiff before and after discharge;

"(i) failing to properly treat the plaintiff both before and after discharge;

"(j) being otherwise guilty of negligence, gross negligence, carelessness, recklessness, and/or wilful and wanton misconduct both before and after discharge." See Appellant's ...


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