L.d. Shearer, Plaintiff-appellant, v. United States of America, Defendant-appellee, 982 F.2d 529 (10th Cir. 1992)

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US Court of Appeals for the Tenth Circuit - 982 F.2d 529 (10th Cir. 1992)

Dec. 15, 1992


Before LOGAN, JOHN P. MOORE, and BRORBY, Circuit Judges.

ORDER AND JUDGMENT* 

JOHN P. MOORE, Circuit Judge.


After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(e); 10th Cir.R. 34.1.9. The cause is therefore ordered submitted without oral argument.

This appeal is from the dismissal of an action asserting a claim of negligence arising from a surgical procedure performed upon plaintiff by U.S. Navy surgeons in a Navy hospital while plaintiff was a member of the Navy. The district court ruled the action is barred by Feres v. United States, 340 U.S. 135 (1950). We agree. Plaintiff's attempt to distinguish Feres is unpersuasive and borders on the frivolous.

AFFIRMED.

 *

This order and judgment has no precedential value and shall not be cited, or used by any court within the Tenth Circuit, except for purposes of establishing the doctrines of the law of the case, res judicata, or collateral estoppel. 10th Cir.R. 36.3