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BRANDES v. UNITED STATES

Nos. 84-2520, 84-2604.

783 F.2d 895 (1986)

Loren Christian BRANDES, Plaintiff/Appellant/Cross-Appellee, v. UNITED STATES of America, et al., Defendants/Appellees/Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided February 25, 1986.

Attorney(s) appearing for the Case

Edwin Train Caldwell, Caldwell & Johnson, San Francisco, Cal., for plaintiff/appellant/cross-appellee.

G. William Filley, Frolik, Filley & Schey, San Francisco, Cal., Joan M. Bernott, U.S. Dept. of Justice, Washington, D.C., for defendants/appellees/cross-appellants.

Before SNEED, ANDERSON, and ALARCON, Circuit Judges.

J. BLAINE ANDERSON, Circuit Judge:

Loren Brandes appeals from the district court's determination that Brandes was the sole cause of the automobile accident in question and from the denial of his motion for a new trial. Included in this appeal is a cross-appeal from the United States regarding the district court's decision that Rue Dann, the driver of the government vehicle, was a federal employee when the accident occurred. Because we find that

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