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Joseph P. Gerardi v. United States
408 F.2d 492
| 9th Cir. | 1969
|
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408 F.2d 492

Joseph P. GERARDI, Appellant,
v.
UNITED STATES of America, Appellee.

No. 23221.

United States Court of Appeals Ninth Circuit.

Feb. 24, 1969.

Joseph P. Gerardi, pro per.

Carolyn Reynolds (argued) Asst. U.S. Atty., Wm. M. Byrne, Jr., U.S. Atty., Frederick M. Brosio, Jr., James D. Murray, Asst. U.S. Atty., Los Angeles, Cal., for appellee.

Before MERRILL, ELY and CARTER, Circuit Judges.

PER CURIAM.

1

Appellant filed a complaint for damages against the United States on May 17, 1968, alleging wrongful induction into the armed forces in 1943, and that thereafter on May 24, 1944, he sustained further damages as a result of a negligent or wrongful administrative discharge.

2

The district court dismissed sua sponte and appellant appealed. The Tort Claims Act, 28 U.S.C. 1346(b) expressly covers only claims arising on or after January 1, 1945. Moreover, the Tort Claims Act does not cover claims incident to military service, Feres v. United States, 340 U.S. 135, 71 S. Ct. 153, 95 L. Ed. 152 (1950).

3

The judgment is affirmed.

Case Details

Case Name: Joseph P. Gerardi v. United States
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Feb 24, 1969
Citation: 408 F.2d 492
Docket Number: 23221_1
Court Abbreviation: 9th Cir.
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