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COURTNEY v. UNITED STATES

Nos. 157, 158, Dockets 23736, 23737.

230 F.2d 112 (1956)

Ralph COURTNEY and Mildred Courtney, Plaintiffs-Appellants, v. UNITED STATES of America and Donald Truex, Defendants-Appellees. John KESSLER and Edith Kessler, Plaintiffs-Appellants, v. UNITED STATES of America and Donald Truex, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided February 16, 1956.

Attorney(s) appearing for the Case

Phelps, Gray & Mansour, Niagara Falls, N. Y. (Salem G. Mansour and Joseph J. Mansour, Niagara Falls, N. Y., of counsel), for plaintiffs-appellants.

John O. Henderson, U. S. Atty., for the Western District of New York, Buffalo, N. Y. (Alexander C. Cordes, Asst. U. S. Atty., Buffalo, N. Y., of counsel), for defendant.

Before FRANK, HINCKS and LUMBARD, Circuit Judges.

HINCKS, Circuit Judge.

The sole issue on these appeals is whether a civilian caretaker employee of a federally recognized but nonactivated National Guard unit is an "employee" of the United States within the meaning of the Federal Tort Claims Act, 28 U.S.C.A. § 1346(b). The District Court held that he is not such an "employee" in an opinion reported at 126 F.Supp. 217.

Truex, the alleged Government "employee," was...

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