From Casetext: Smarter Legal Research

McCranie v. United States

United States Court of Appeals, Fifth Circuit
Nov 6, 1952
199 F.2d 581 (5th Cir. 1952)

Opinion

No. 14145.

November 6, 1952.

John L. Green, Athens, Ga., for appellant.

Stanley D. Rose, Atty., Dept. of Justice, Washington, D.C., John P. Cowart, U.S. Atty., and J.H. Fort, Asst. U.S. Atty., Macon, Ga., for appellee.

Before HUTCHESON, Chief Judge, and HOLMES, and RUSSELL, Circuit Judges.


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 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.


Summaries of

McCranie v. United States

United States Court of Appeals, Fifth Circuit
Nov 6, 1952
199 F.2d 581 (5th Cir. 1952)
Case details for

McCranie v. United States

Case Details

Full title:McCRANIE v. UNITED STATES

Court:United States Court of Appeals, Fifth Circuit

Date published: Nov 6, 1952

Citations

199 F.2d 581 (5th Cir. 1952)

Citing Cases

Watt v. United States

In this connection, 32 U.S.C.A. § 42 provides that either civilians or enlisted members of the Guard may be…

United States v. State of Maryland

The Secretary cited these cases on the point: Holly v. United States, Elmo v. United States, Courtney v.…