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Tirrill v. McNamara

United States Court of Appeals, Ninth Circuit
Dec 3, 1971
451 F.2d 579 (9th Cir. 1971)

Opinion

No. 71-1024.

December 3, 1971.

John L. Svoboda, Springfield, Or., for appellant.

Sidney I. Lezak, U.S. Atty., Portland, Or., Morton Hollander, Dept. of Justice, Washington, D.C., Michael L. Morehouse, Asst. U.S. Atty., Portland, Or., for appellee.

Appeal from the United States District Court for the District of Oregon.

Before HAMLEY, ELY, and KILKENNY, Circuit Judges.


The District Court dismissed Tirrill's complaint, seeking recovery for alleged medical malpractice, and this appeal followed. We affirm.

Our court has consistently held that an army physician is immunized from tort liability to a fellow soldier when the alleged act of malpractice occurred in a military hospital and was committed by the physician in the line of his military duty. E. g., Bailey v. Van Buskirk, 345 F.2d 298 (9th Cir. 1965), cert. denied, 383 U.S. 948, 86 S.Ct. 1205, 16 L.Ed.2d 210 (1966). See also Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950); Mattos v. United States, 412 F.2d 793 (9th Cir. 1969); Bailey v. DeQuevedo, 375 F.2d 72 (3d Cir.), cert. denied, 389 U.S. 923, 88 S.Ct. 247, 19 L.Ed.2d 274 (1967).

Affirmed.


Summaries of

Tirrill v. McNamara

United States Court of Appeals, Ninth Circuit
Dec 3, 1971
451 F.2d 579 (9th Cir. 1971)
Case details for

Tirrill v. McNamara

Case Details

Full title:JACK D. TIRRILL, APPELLANT, v. JOSEPH J. McNAMARA, APPELLEE

Court:United States Court of Appeals, Ninth Circuit

Date published: Dec 3, 1971

Citations

451 F.2d 579 (9th Cir. 1971)

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