McCranie v. United States

Fifth Circuit

McCranie v. United States

199 F.2d 581, 1952 U.S. App. LEXIS 3395

CourtCourt of Appeals for the Fifth Circuit

DecidedNovember 6, 1952

Docket14145

StatusPublished

Cited by17 cases

This text of 199 F.2d 581 (McCranie v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McCranie v. United States, 199 F.2d 581, 1952 U.S. App. LEXIS 3395 (5th Cir. 1952).

Pincite

Opinion

PER CURIAM.

This is an appeal from a summary judgment entered in favor of the United States in a suit, under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671 et seq., brought to recover for torts of National Guardsmen, whose unit had not yet been called into active service.

The district judge granted the judgment on the ground that the persons, whose negligent acts and omissions are alleged by the plaintiff to have been the proximate cause of the collision were not employees *582 of the United States acting within the scope of their office or employment at the time, as contemplated by the Federal Tort Claims Act.

The decision was in accordance with the decision of this court in Dover v. United States, 5 Cir., 192 F.2d 431, Elmo v. United States, 5 Cir., 197 F.2d 230, and United States v. Duncan, 5 Cir., 197 F.2d 233. On the authority of those cases, the judgment is

Affirmed.

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