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STORER BROADCASTING COMPANY v. UNITED STATES

No. 16679.

251 F.2d 268 (1958)

STORER BROADCASTING COMPANY, Detroit Fire & Marine Insurance Company and Associated Aviation Underwriters, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

January 9, 1958.

Attorney(s) appearing for the Case

James E. Clark (of London & Yancey), Birmingham, Ala., for appellants.

W. L. Longshore, U. S. Atty., Birmingham, Ala., Melvin Richter, Atty., Dept. of Justice, Peter H. Schiff, Dept. of Justice, Washington, D. C., George Cochran Doub, Asst. Atty. Gen., for appellee.

Before RIVES, JONES and BROWN, Circuit Judges.

PER CURIAM.

The only question presented by this appeal is whether a member of the National Guard of a State, who is not a caretaker,1 and who has not been called to active service of the United States is an "employee of the Government" within the meaning of the Federal Tort Claims Act.2 This Court is firmly committed to answer that question in the negative.3 The Tenth Circuit is...

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