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John P. Healy, an Infant, by Loretta Healy, His Guardian Ad Litem v. United States

John P. HEALY, an Infant, by Loretta Healy, His Guardian Ad Litem, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee

Healy v. United States, 295 F.2d 958 (2d Cir. 1961)
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Court
Court of Appeals for the Second Circuit · U.S. Courts of Appeals
Decided
November 30, 1961
Docket
Nos. 78, Docket 26915
Judges
Swan, Moore, Smith
Citations
295 F.2d 958

Opinion — Per Curiam

PER CURIAM.

The complaint alleges that prior to induction into military service Healy was given a physical examination by a Government doctor who negligently certified him as physically qualified for service in the Air Force; that he was inducted in February 1959, ordered into basic training and such training aggravated a preexisting heart condition and caused the injuries for which he seeks damages; that in April 1959 he was discharged from the Air Force because of physical disability which existed prior to entry into service.

The United States moved to dismiss the complaint on the ground that it fails to state a claim upon which relief can be granted. The motion was granted, the court holding that the Federal Tort Claims Act does not impose liability for injuries that arise out of or in the course of military duty.

The main dispute in the court below as well as here, is whether the case is controlled by Feres v. United States, 340 U.S. 135 , 71 S.Ct. 153 , 95 L.Ed. 152 , or by Brooks v. United States, 337 U.S. 49 , 69 S.Ct. 918 , 93 L.Ed. 1200 , and United States v. Brown, 348 U.S. 110 , 75 S.Ct. 141 , 99 L.Ed. 139 . In a thorough and well reasoned opinion Judge Weinfeld concluded that the Feres case controls. We agree. His opinion is reported in 192 F.Supp. 325 . Judgment is affirmed on the opinion below.

How later courts describe this case

Explanatory parentheticals written by citing courts — 4 in all; the most informative distinct ones are shown.

Cited by 12 cases

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1962: 11974: 11975: 11978: 11980: 41983: 11985: 11986: 11988: 119622026peak 1980 · 4

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Feres v. United States, 340 U.S. 135 (1950) 1,561
United States v. Brown, 348 U.S. 110 (1954) 372
Brooks v. United States, 337 U.S. 49 (1949) 304
Healy v. United States, 192 F. Supp. 325 (S.D.N.Y. 1961) 22

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