Bernardo Balancio v. United States

HAND, Circuit Judge.

The plaintiff appeals from a judgment of Judge Noonan, dismissing his amended complaint under Fed.Rules Civ.Proc. Rule 12(b) (6), 28 U.S.C.A., for failure to state a claim upon which relief could be granted under the Tort Claims Act, § 1346(b) of Title 28, U.S.Code. The amended complaint alleged that the plaintiff, as a civilian seaman employed by the United States, was admitted into a public health service hospital owned and operated by the United States in Seattle; that while there the hospital employees negligently rendered improper medical care and attention to him…