District Court, S.D. California May 26, 1977, Civ. 76-937-E (Calhoun v. United States)

MEMORANDUM DECISION AND ORDER

ENRIGHT, District Judge.

This case presents an important application of a court-made exception to the Federal Tort Claims Act for injuries arising incident to military service. Plaintiffs, the survivors of a Marine Corps recruit, have brought this action for wrongful death against the United States and individuals in decedent’s chain of command.