TUCKER v. UNITED STATES

Civ. A. No. 74-40.

385 F.Supp. 717 (1974)

James Edward TUCKER et al., Plaintiffs, v. The UNITED STATES of America, Defendant.

United States District Court, D. South Carolina, Columbia Division.

December 10, 1974.


Attorney(s) appearing for the Case

George E. Lewis, of Turner, Padget, Graham & Laney, Columbia, S. C., for plaintiffs.

John K. Grisso, U. S. Atty., Joel W. Collins, Jr., Asst. U. S. Atty., for defendant.


HEMPHILL, District Judge.

Defendant, United States of America, pursuant to Rule 56(b), Federal Rules of Civil Procedure, moves for summary judgment on the ground that this district court is without jurisdiction. Defendant alleges that, at the time the accident in question took place, the driver of defendant's vehicle was not acting within the scope of his employment, and, therefore, this court cannot find jurisdiction under the Federal Tort Claims Act. There is no...

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