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AUBREY v. UNITED STATES

No. 14157.

254 F.2d 768 (1958)

Leland K. AUBREY and Charlotte R. Aubrey, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 10, 1958.

Attorney(s) appearing for the Case

Mr. Bernard J. Hammett, Washington, D. C., with whom Messrs. W. Byron Sorrell and Cullen B. Jones, Jr., Washington, D. C., were on the brief, for appellants.

Mr. Stanley D. Rose, of the bar of the Supreme Court of Tennessee, pro hac vice, by special leave of Court, with whom Asst. Atty. Gen. George C. Doub, Messrs. Oliver Gasch, U. S. Atty., and Morton Hollander, Atty., Dept. of Justice, were on the brief, for appellee. Mr. Lewis Carroll, Asst. U. S. Atty., also entered an appearance for appellee.

Before REED, Associate Justice of the Supreme Court, retired, and PRETTYMAN and BAZELON, Circuit Judges.

REED, Associate Justice (sitting by designation).

Leland Aubrey and his wife, Charlotte Aubrey, appeal from the order of the District Court granting summary judgment against them in their suit against the United States under the Tort Claims Act. The principal questions on appeal are (1) whether the workmen's compensation statute applicable to a civilian employee of a Navy officers' open mess bars him from suing the United States for injuries suffered in the course...

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