Witt v. United States, No. 10-885 (cert. petition filed January 7, 2011)

Question Presented: Should the Feres v. United States, 340 U.S. 135 (1950), doctrine be overruled, in whole or in part, on the ground that the Federal Tort Claims Act should not be construed to include a non-textual exception barring claims for injuries arising out of activity incident to service or, if there is such an exception, it does not bar a claim for injury to a service member caused by medical malpractice at a military hospital when the service member was on leave when admitted to the hospital?

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