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Sanders v. United States

United States Court of Appeals, Fifth Circuit
Dec 7, 1967
387 F.2d 142 (5th Cir. 1967)

Opinion

No. 24731.

December 7, 1967.

L.B. Kent, Columbus, Ga., for appellants.

Morton Hollander, Richard S. Salzman, Jack H. Weiner, Attys., Dept. of Justice, Washington, D.C., Carl Eardley, Acting Asst. Atty. Gen., Floyd M. Buford, U.S. Atty., for appellee.

Before BROWN, Chief Judge, FAHY and DYER, Circuit Judges.

Senior Circuit Judge of the D.C. Circuit, sitting by designation.


This Federal Tort Claims Act suit, 28 U.S.C.A. § 1346(b) (1962), seeking damages for negligent medical treatment by government doctors of injuries earlier sustained by Mr. Sanders while in the course of his work as a government employee, was dismissed on the ground that the exclusive remedy was the Federal Employees' Compensation Act. 5 U.S.C.A. § 8116(c) (Supp. 1966). As have other courts which have considered the problem, our decisions repeatedly show that the dismissal was clearly correct. See Aho v. United States, 5 Cir., 1967, 374 F.2d 885, cert. denied, 1967, 389 U.S. 930, 88 S.Ct. 292, 19 L.Ed.2d 282; Balancio v. United States, 2 Cir., 1959, 267 F.2d 135, cert. denied, 361 U.S. 875, 80 S.Ct. 139, 4 L.Ed.2d 114; Somma v. United States, 3 Cir., 1960, 283 F.2d 149. Cf. United States v. Demko, 1966, 385 U.S. 149, 87 S.Ct. 382, 17 L.Ed.2d 258.

Affirmed.


Summaries of

Sanders v. United States

United States Court of Appeals, Fifth Circuit
Dec 7, 1967
387 F.2d 142 (5th Cir. 1967)
Case details for

Sanders v. United States

Case Details

Full title:Walter R. SANDERS and Earlean Sanders, Appellants, v. UNITED STATES of…

Court:United States Court of Appeals, Fifth Circuit

Date published: Dec 7, 1967

Citations

387 F.2d 142 (5th Cir. 1967)

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