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JAMES v. UNITED STATES

No. 71-1941.

467 F.2d 832 (1972)

Janice L. JAMES, by her next friend, Roland C. James, and F. D. English, Administrator of the Estate of Frederick L. English, Appellees, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 28, 1972.

Rehearing Denied September 5, 1972.

Attorney(s) appearing for the Case

Thomas P. McNamara, Asst. U. S. Atty. (Warren H. Coolidge, U. S. Atty., on brief), for appellant.

Lonnie B. Williams, Wilmington, N. C. (Marshall, Williams, Gorham & Brawley, Wilmington, N. C., on brief), for appellees.

Before WINTER, CRAVEN and RUSSELL, Circuit Judges.

WINTER, Circuit Judge:

The district court rendered judgment against the United States under the Federal Tort Claims Act, 28 U.S.C.A. §§ 2671 et seq., on the theory that Sgt. William A. Bell was acting within the scope of his employment when he was involved in an automobile accident on August 3, 1968. The government appeals solely on the issue of agency, and we reverse.

I

Sgt. Bell, a member of the United States Army Reserves, resides in...

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