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LaPATOUREL v. UNITED STATES

Civ. Nos. 76-0-180, 76-0-181.

430 F.Supp. 956 (1977)

Edward LePATOUREL, Plaintiff, v. UNITED STATES of America, Defendant. Valerie LePATOUREL, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Nebraska.

March 16, 1977.

Attorney(s) appearing for the Case

Thomas J. Culhane of Erickson, Sederstrom, Johnson & Fortune, Omaha, Neb., for plaintiff.

Daniel E. Wherry, U. S. Atty., and Thomas D. Thalkin, Asst. U. S. Atty., (for District of Nebraska), Omaha, Neb., for defendant.

HANSON, District Judge.

The primary question presented in these cases is whether a United States District Court Judge, while driving his personal automobile between designated court points during working hours, is an "employee of the government" within the meaning of the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq.

Plaintiffs brought these related negligence actions in the state district court of Nebraska, seeking damages for injuries alleged...

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