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Feres Doctrine (Justia Review)

Category: Military Justice

Justia offers an overview of Feres v. United States, 340 U.S. 135 (1950) argued on October 12, 1950 and decided on December 4, 1950, reminding readers that Official Supreme Court case law is only found in the print version of the United States Reports.

Succinctly stated, under the Federal Tort Claims Act, the United States is not liable for injuries to armed forces members sustained while on active duty and not on furlough and resulting from the negligence of others in the armed forces.   In other words, there is a determination of what was "incident to service" and what was not.

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