Ordahl v. United States

MEMORANDUM AND ORDER

HATFIELD, District Judge.

This case is presently before the court on defendant’s motion that the court reconsider its decision that plaintiff’s claim is not barred by the rule of Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950). The defendant argues, as it did in its previous motion to dismiss, that the injury alleged in this case is, in fact, incident to service and therefore must be barred. Defendant offers the additional *5argument that in the event the court finds again that plaintiffs suit is not barred by Feres, that it is barred by 28 U.S.C. §…