Court of Appeals for the Ninth Circuit July 7, 1969, 22839_1 (Arvil M. Ashley v. United States)

ELY, Circuit Judge:

Ashley was the plaintiff below, having instituted a suit under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680. The basis of his claim was an alleged act of medical malpractice claimed to have been committed by a government physician on September 6, 1963.