UNITED STATES v. MRAZ

Nos. 5696, 5755.

255 F.2d 115 (1958)

UNITED STATES of America, Appellant, v. Gregory J. MRAZ and Winifred Mraz, Appellees (two cases).

United States Court of Appeals Tenth Circuit.

April 18, 1958.


Attorney(s) appearing for the Case

John Laughlin, Washington, D. C. (Joseph D. Guilfoyle, Washington, D. C., James A. Borland, Albuquerque, N. M., Paul A. Sweeney and Donald L. Young, Washington, D. C., were with him on the brief), for appellant.

Charles C. Spann (of Grantham, Spann & Sanchez), Albuquerque, N. M., for appellees.

Before BRATTON, Chief Judge, and HUXMAN and MURRAH, Circuit Judges.


MURRAH, Circuit Judge.

In this proceedings against the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 and 2674, the question for decision is whether an officer of the armed forces, proceeding from one permanent duty station to another, in his own automobile, was "within the scope of his office or employment" at the time of an accident in which plaintiff-appellees were injured. No question...

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