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JOHNSTON v. UNITED STATES

Civ. A. No. 11247.

310 F.Supp. 1 (1970)

Robert S. JOHNSTON v. UNITED STATES of America.

United States District Court, N. D. Georgia, Atlanta Division.

On Motion for Reconsideration February 20, 1970.

Attorney(s) appearing for the Case

Smith, Cohen, Ringel, Kohler, Martin & Lowe, Atlanta, Ga., for plaintiff.

Charles L. Goodson, U. S. Atty., Beverly B. Bates, Asst. U. S. Atty., Atlanta, Ga., for defendant.

ORDER

ALBERT J. HENDERSON, Jr., District Judge.

The question in this case is whether the alleged negligence of a National Guardsman, away from his home at a military base on temporary active duty, receiving per diem pay, who drives to lunch at a public eating house in a truck furnished him by the government for that purpose, can be imputed to the United States government under the Georgia law of respondeat superior...

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