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WHITE v. HARDY

No. 81-1881.

678 F.2d 485 (1982)

Rory W. WHITE, Appellant, v. Carroll W. HARDY, the United States of America, Edward Moore, and Coastal Cab Co., Inc., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 13, 1982.

Attorney(s) appearing for the Case

John Warlick, Jr., Jacksonville, N. C. (Ellis, Hooper, Warlick, Waters & Mogan and Warlick, Milsted & Dotson, Jacksonville, N. C., on brief), for appellant.

Abraham Penn Jones, Asst. U. S. Atty., Raleigh, N. C. (Samuel T. Currin, U. S. Atty., Raleigh, N. C., on brief), for appellee.

Before BUTZNER and WIDENER, Circuit Judges, and ROBERT D. POTTER, United States District Judge for the Western District of North Carolina, sitting by designation.

POTTER, District Judge.

Rory White, Appellant, was injured while riding as a passenger in a taxicab, which collided with a U. S. Army truck, driven by Sergeant Hardy. White alleged that the United States was liable under the Federal Tort Claims Act, 28 U.S.C. §§ 2671 et seq. (1964), for the negligence of Sergeant Hardy. The District Court found that Sergeant Hardy was acting outside the scope of his employment at the time of the collision, dismissed...

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