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GUTHRIE v. UNITED STATES

No. 16138.

392 F.2d 858 (1968)

Horace K. GUTHRIE, Administrator of the Estate of Jennie K. Guthrie, Deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

February 9, 1968.

Attorney(s) appearing for the Case

Mark M. Camp, Wauwatosa, Wis., for appellant.

Morton Hollander, Jack H. Weiner, Dept. of Justice, Washington, D. C., James B. Brennan, U. S. Atty., Milwaukee, Wis., Edwin L. Weisl, Jr., Asst. Atty. Gen., for appellee.

Before DUFFY, Senior Circuit Judge, KILEY and SWYGERT, Circuit Judges.

KILEY, Circuit Judge.

Guthrie, administrator, sued the government under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), for the wrongful death of his wife. The district court, without a jury, decided that the soldier whose negligence caused Mrs. Guthrie's death was not acting within the scope of his employment at the time so as to render the government liable as his superior. 260 F.Supp. 289.

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