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FERES v. UNITED STATES.

NO. 9.

340 U.S. 135 (1950)

FERES, EXECUTRIX, v. UNITED STATES.

Supreme Court of United States.

Decided December 4, 1950.

Attorney(s) appearing for the Case

David H. Moses argued the cause for petitioner in No. 9. With him on the brief was Morris Pouser.

Morris Rosenberg argued the cause for petitioner in No. 29. With him on the brief was Henry M. Decker, Jr.

Newell A. Clapp argued the cause for the United States. With him on the briefs were Solicitor General Perlman, Assistant Attorney General Morison, Paul A. Sweeney and Morton Hollander. John R. Benney was also with them on the brief in No. 31.

Frederick P. Cranston argued the cause, and James S. Henderson filed a brief, for respondent in No. 31.

MR. JUSTICE JACKSON delivered the opinion of the Court.

A common issue arising under the Tort Claims Act, as to which Courts of Appeals are in conflict, makes it appropriate to consider three cases in one opinion.

The Feres case: The District Court dismissed an action by the executrix of Feres against the United States to recover for death caused by negligence. Decedent perished by fire in the barracks at Pine...

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