Hamilton v. United States

Full title: MAUREEN HAMILTON, ADMINISTRATRIX OF THE ESTATE OF JOHN B. HAMILTON…

Court: United States Court of Appeals, First Circuit

Date published: Sep 22, 1983

719 F.2d 1 (1st Cir. 1983)

Opinion

No. 83-1358.

Argued September 16, 1983.

Decided September 22, 1983.

Raymond J. Kenney, Jr., with whom Martin, Magnuson, McCarthy and Kenney was on brief, for plaintiff, appellant.

Marianne B. Bowler, Asst. U.S. Atty., with whom William F. Weld, U.S. Atty., was on brief, for defendant, appellee.

Appeal from the United States District Court for the District of Massachusetts.

Before BOWNES, Circuit Judge, ALDRICH and COWEN^_, Senior Circuit Judges.

_ Of the Federal Circuit, sitting by designation.

PER CURIAM.

We agree with the district court, 564 F. Supp. 1146, that the Feres doctrine bars this action. Under the facts, we cannot recognize a duty to follow up because this would mean creating continuous onsets of new causes of action extending beyond the period of active service.

Affirmed.