Kilduff v. United States

ALBERT V. BRYAN, District Judge.

Upon the motion of the United States for judgment on the pleadings upon the first count of the complaint, and upon its motion to strike a part of the second count, the Court is of opinion to sustain the first but overrule the second motion.

I. It is altogether plain that the cause of action pleaded in the first count — the failure to disclose to the plaintiff the results of his physical examinations — is a claim for an injury which arose out of or in the course of an activity incident to military service. Assuming that there was a duty upon the United States to…