GARRETT FREIGHTLINES, INC. v. UNITED STATES

Nos. 74-1201 and 74-1202.

529 F.2d 26 (1976)

GARRETT FREIGHTLINES, INC., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. Charles R. THOMAN, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

January 30, 1976.


Attorney(s) appearing for the Case

Callis A. Caldwell (argued), Johnson & Olson, Pocatello, Idaho, for defendant-appellant.

Paul L. Westberg, Asst. U. S. Atty. (argued), Boise, Idaho, for plaintiffs-appellees.

Before HUFSTEDLER and KENNEDY, Circuit Judges, and SWEIGERT, District Judge.


OPINION

SWEIGERT, District Judge:

This is an appeal in two consolidated cases from the District of Idaho of an order granting a motion for summary judgment in favor of the defendant United States, appellee herein, under the Federal Tort Claims Act (28 U.S.C. § 1346(b) and § 2671 et seq.), and denying the motion for partial summary judgment of plaintiffs, appellants herein.

The issue is whether or not Sgt. Randall W. Reynolds, a member...

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