No. 388.

337 U.S. 49 (1949)


Supreme Court of United States.

Decided May 16, 1949.

Attorney(s) appearing for the Case

Whiteford S. Blakeney argued the cause and filed a brief for petitioners.

Paul A. Sweeney argued the cause for the United States. With him on the brief were Solicitor General Perlman, Assistant Attorney General Morison and Morton Hollander.

MR. JUSTICE MURPHY delivered the opinion of the Court.

This is a suit against the United States under the Federal Tort Claims Act, 60 Stat. 842, 28 U.S.C. (1946 ed.) § 931, now 28 U.S.C. § 2674. The question is whether members of the United States armed forces can recover under that Act for injuries not incident to their service. The District Court for the Western District of North Carolina entered judgment against...

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