Legal Opinion

Walter R. Sanders and Earlean Sanders v. United States

Court of Appeals for the Fifth Circuit

Decided December 7, 1967No. 24731_1PublishedCited by 9 opinions

1Per curiam

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.…

2Cases cited4 opinions

  1. United States v. DemkoSupreme Court of the United States · 1966
  2. Bernardo Balancio v. United StatesCourt of Appeals for the Second Circuit · 1959
  3. Annunzio Somma v. United StatesCourt of Appeals for the Third Circuit · 1960
  4. Andrew Anthony Aho v. United StatesCourt of Appeals for the Fifth Circuit · 1967

3Cited by9 opinions

  1. Billie J. Atkinson v. Gates, McDonald & CompanyCourt of Appeals for the Fifth Circuit · 1988
  2. McAlister v. Methodist Hospital of MemphisTennessee Supreme Court · 1977
  3. Austin v. Johns-Manville Sales Corp.District Court, D. Maine · 1981
  4. Byrd v. Warden, Federal Detention Headquarters, New YorkDistrict Court, S.D. New York · 1974
  5. D'ANGELO v. United StatesDistrict Court, W.D. New York · 1983

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