Frank P. Morano v. U.S. Naval Hospital

OPINION OF THE COURT

HASTIE, Chief Judge.

This is an action for negligent personal injury brought under the Federal Tort Claims Act, 28 U.S.C. ch. 171. The complaint, alleging that the plaintiff was injured through the negligence of a government doctor on August 8, 1967, was filed on August 7, 1969. The “United States Naval Hospital,” admittedly not a suable party, 1 rather than the United States was named as the defendant. Process was served upon the Attorney General and the United States Attorney of the District.

The government filed a motion to dismiss and thereafter, by motion filed February…