Court of Appeals for the Fifth Circuit October 19, 1989, 88-5615 (Jose R. Valdiviez v. United States)

DUHE, Circuit Judge:

The issue in this case is whether the United States is liable under the Federal Tort Claims Act, 28 U.S.C. § 1346

et seq.

for the consequences that flowed from a homosexual serviceman’s act of donating blood contaminated with the virus that causes Acquired Immunodeficiency Syndrome (AIDS). The district court held that it was not.