U.S. Court of Appeals for the Fifth Circuit, 1967

Walter R. Sanders and Earlean Sanders v. United States

Walter R. Sanders and Earlean Sanders v. United States
U.S. Court of Appeals for the Fifth Circuit · Decided December 7, 1967 · Brown, Fahy, Dyer
387 F.2d 142; 1967 U.S. App. LEXIS 4257 (Federal Reporter, Second Series)

Walter R. Sanders and Earlean Sanders v. United States

Opinion

PER CURIAM:

This Federal Tort Claims Act suit, 28 U.S.C.A. § 1346(b) (1962), seeking damages for negligent medical treatment by government doctors of injuries earlier sustained by Mr. Sanders while in the course of his work as a government employee, was dismissed on the ground that the exclusive remedy was the Federal Employees’ Compensation Act. 5 U.S. C.A. § 8116(c) (Supp. 1966). As have other courts which have considered the problem, our decisions repeatedly show that the dismissal was clearly correct. See Aho v. United States, 5 Cir., 1967, 374 F.2d 885, cert. denied, 1967, 389 U.S. 930, 88 S.Ct. 292, 19 L.Ed.2d 282; Balancio v. United States, 2 Cir., 1959, 267 F.2d 135, cert. denied, 361 U.S. 875, 80 S.Ct. 139, 4 L.Ed.2d 114; Somma v. United States, 3 Cir., 1960, 283 F.2d 149. Cf. United States v. Demko, 1966, 385 U.S. 149, 87 S.Ct. 382, 17 L.Ed.2d 258.

Affirmed.

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