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MARTIN v. UNITED STATES

No. 76-2289.

566 F.2d 895 (1977)

Jean MARTIN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 22, 1977.

Attorney(s) appearing for the Case

William W. Hodges, Columbia, S. C. (Richard C. Beerman, Columbia, S. C., on brief), for appellant.

Wistar D. Stuckey, Asst. U. S. Atty., Columbia, S. C. (Thomas P. Simpson, U. S. Atty., Columbia, S. C., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, WINTER, Circuit Judge, and THOMSEN, Senior District Judge.

WINTER, Circuit Judge:

Injured when the automobile in which she was returning from lunch collided with an army truck, Jean Martin, an employee of the Fort Jackson PX, brought this damage action under the Federal Tort Claims Act, 28 U.S.C. § 2674. If her injuries arose out of and in the course of her employment, plaintiff's exclusive remedy would be compensation under 5 U.S.C. § 8171, since her salary was paid from nonappropriated funds of the Army and Air...

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