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UNITED STATES v. AETNA SURETY CO.

No. 35.

338 U.S. 366 (1949)

UNITED STATES v. AETNA CASUALTY & SURETY CO.

Supreme Court of United States.

Decided December 12, 1949.

Attorney(s) appearing for the Case

Leavenworth Colby argued the cause for the United States. With him on the brief were Solicitor General Perlman, Assistant Attorney General Morison, Samuel D. Slade and Joseph Kovner.

William A. Hyman argued the cause for respondent in No. 35. With him on the brief were Harold W. Hayman and Melville Harris.

By special leave of Court, Jackson G. Akin, pro hac vice, argued the cause for respondent in No. 36. Pearce C. Rodey was on the brief.

Abraham Frankel argued the cause and filed a brief for respondents in Nos. 37 and 38.

MR. CHIEF JUSTICE VINSON delivered the opinion of the Court.

These cases, here on certiorari, present this important question under the Federal Tort Claims Act:1 May an insurance company bring suit in its own name against the United States upon a claim to which it has become subrogated by payment to an insured who would have been able to bring such an action? That question, in turn, requires our...

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