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MARYLAND v. UNITED STATES

No. 345.

381 U.S. 41 (1965)

MARYLAND, FOR THE USE OF LEVIN, ET AL. v. UNITED STATES.

Supreme Court of United States.

Decided May 3, 1965.

Attorney(s) appearing for the Case

Theodore E. Wolcott argued the cause and filed briefs for petitioners.

David L. Rose argued the cause for the United States. With him on the brief were Solicitor General Cox, Assistant Attorney General Douglas, Nathan Lewin and Morton Hollander.

Louis G. Davidson, Richard W. Galiher, William E. Stewart, Jr., and Peter J. McBreen filed a brief as amici curiae, urging reversal.

MR. JUSTICE HARLAN delivered the opinion of the Court.

The question we decide here is whether a civilian employee and military member of the National Guard is an "employee" of the United States for purposes of the Federal Tort Claims Act when his National Guard unit is not in active federal service.1

Petitioners' decedents were passengers on a Capital Airlines plane that collided over Maryland...

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