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Rutherford v. United States

Circuit Court of Appeals, Sixth Circuit
Apr 14, 1948
168 F.2d 70 (6th Cir. 1948)

Opinion

No. 10542.

April 14, 1948.

Appeal from the District Court of the United States for the Eastern District of Tennessee; George C. Taylor, Judge.

Charles H. Davis and Poore, Kramer, Cox Overton, all of Knoxville, Tenn., for appellant.

J.B. Frazier, Jr., of Knoxville, Tenn., for appellee.

Before HICKS, ALLEN, and MARTIN, Circuit Judges.


This cause came on to be heard on the record and on the briefs and arguments of attorneys for the contending parties, and it appearing that, for the reasons stated in his memorandum opinion, 73 F. Supp. 867, the district judge correctly decided that, at the time of the automobile accident upon which the instant action was grounded, the United States Naval Petty Officer was not "acting within the scope of his office or employment" as required by the Federal Tort Claims Act, Act of Aug. 2, 1946, c. 753, Title IV, § 410, 60 Stat. 844, 28 U.S.C.A. § 931, the summary judgment dismissing the case is affirmed.


Summaries of

Rutherford v. United States

Circuit Court of Appeals, Sixth Circuit
Apr 14, 1948
168 F.2d 70 (6th Cir. 1948)
Case details for

Rutherford v. United States

Case Details

Full title:O. Briscoe RUTHERFORD, Appellant, v. UNITED STATES of America, Appellee

Court:Circuit Court of Appeals, Sixth Circuit

Date published: Apr 14, 1948

Citations

168 F.2d 70 (6th Cir. 1948)

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