George S. Bailey v. K. E. Van Buskirk

CHAMBERS, Circuit Judge:

Plaintiff, an enlisted man in the United States army, in this diversity action sues two army medical surgeons 1 personally for alleged malpractice in an operation performed at Letterman Army Hospital at San Francisco. He says negligent leaving of surgical sutures in the kidney area on the first operation necessitated a second operation and the removal of a kidney.

The district court dismissed the action, holding that an army doctor in the facts here is entitled to immunity. We affirm.

Counsel for Bailey pleads and argues his case with skill and ingenuity. We think the…