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UNITED STATES v. McROBERTS

No. 22078.

409 F.2d 195 (1969)

UNITED STATES of America, Appellant, v. Noel Hunt McROBERTS et al., Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 29, 1969.

Attorney(s) appearing for the Case

Robert Zener (argued), Washington, D. C., Wm. M. Byrne, Jr., U. S. Atty., Los Angeles, Cal., Carl Eardley, Acting Asst. Atty. Gen., Edwin L. Weisl, Jr., Asst. Atty. Gen., Morton Hollander, Patricia S. Baptiste, Attys., Dept. of Justice, Washington, D. C., for appellant.

Daniel C. Cathcart (argued), of Magana, Olney, Levy & Cathcart, Los Angeles, Cal., for appellees.

Before MERRILL, ELY and CARTER, Circuit Judges.

PER CURIAM:

The appellees instituted suit in the District Court against the Government under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2674. The complaint alleged negligent operation of an automobile by a military serviceman named Bryant. The Government did not contest the allegation of negligence but contended that Bryant was not acting within the scope of his employment at the time of the accident out of which the suit arose. The District Court...

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