L. Ann West, as Mother and Administrator of the Estate of Lorri West v. United States
L. Ann WEST, as Mother and Administrator of the Estate of Lorri West, Et Al., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee
Opinion
ORDER On June 25, 1984, this Court ordered that the panel judgment and opinion reported in 729 F.2d 1120 be vacated and that the case be reheard en banc.
After rehearing this case en banc today, by equally divided vote this Court affirms the judgment of the district court dismissing the action for lack of subject matter jurisdiction under Feres v. United States, 340 U.S. 135 , 71 S.Ct. 153 , 95 L.Ed. 152 .
How later courts describe this case
Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.
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(vacating opinion reported at 729 F.2d 1120 which held that there was a cause of action for health problems suffered by children due to parents’ incompatible blood types where parents allegedly relied on negligent typing of father’s blood at time of induction)
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(“[T]he Feres doctrine has not applied to bar claims where spouses and children of service members have been injured in their own right by military personnel.”)
Cited by 10 cases
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- Timothy Brown, Individually and as Next Friend of Melody Brown, His Minor Daughter v. United States
- James Mossow, a Minor by Mary Jane Mossow as Mother and Natural Guardian v. United States
- Brown v. United States
- Robin E. Persons Estate of Kelly Persons and Timothy Persons v. United States
- Schoemer v. United States
- Alan KAWITT v. UNITED STATES of America
Most recent
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- Timothy Brown, Individually and as Next Friend of Melody Brown, His Minor Daughter v. United States
- Brown v. United States
- Schoemer v. United States
- James Mossow, a Minor by Mary Jane Mossow as Mother and Natural Guardian v. United States
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.