BROOKS, Chief Judge.
This case is submitted on defendant United States' motion for summary judgment filed pursuant to Rule 56 of the Federal Rules of Civil Procedure. That motion is based on defendant's claim that Sfc. Keener was not acting within the scope of his employment (i. e., in the "line of duty") at the time of accident.
The facts of this case relevant to the pending motion are as follows: On April 16, 1963, Sfc. Keener left the Army depot at Lexington...
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