STONE v. UNITED STATES

No. 26652.

408 F.2d 995 (1969)

Alma Louise STONE, Plaintiff-Appellant, v. UNITED STATES of America and Criterion Insurance Company, Defendants-Appellees.

United States Court of Appeals Fifth Circuit.

March 12, 1969.


Attorney(s) appearing for the Case

Paul Bernardini, Lawrence O. Sands, Sands, Smalbein, Eubank, Johnson & Rosier, Daytona Beach, Fla., for appellant.

Edward F. Boardman, U. S. Atty., Joseph W. Hatchett, Asst. U. S. Atty., Jacksonville, Fla., Patricia S. Baptiste, John C. Eldridge, Norman Knopf, Attys., Dept. of Justice, Washington, D. C., Charles S. Carrere, Orlando, Fla., Edwin L. Weisl, Jr., Asst. Atty. Gen., for appellees.

Before PHILLIPS, BELL and MORGAN, Circuit Judges.


PER CURIAM:

The relevant issue of this appeal from a judgment of dismissal in favor of the United States is whether Richard McNichol was "within the scope of employment" at the time of the accident in which plaintiff-appellant was injured.

Richard McNichol, an enlisted man in the United States Navy, was en route from Key West, Florida, to New London, Connecticut, in his privately-owned automobile when he collided with a vehicle driven by appellant Stone, whose...

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