GUPTON v. U.S.

No. 85-2235.

799 F.2d 941 (1986)

James T. GUPTON, Ada Gattis Gupton, Nina G. Hill, Administratrix of the Estate of Georgia Q. Gupton, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 4, 1986.


Attorney(s) appearing for the Case

Dale P. Johnson (Warrick, Johnson & Parsons, P.A., Clinton, N.C., on brief) for appellants.

Samuel T. Currin, U.S. Atty. for appellee.

Before JAMES DICKSON PHILLIPS and CHAPMAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.


CHAPMAN, Circuit Judge:

This case arises out of a collision between a U-Haul truck driven by the defendant, Marine Sergeant William Jones, and the plaintiffs' automobile. The sole issue on appeal is whether the district court erred in holding that Jones was not acting within the scope of his employment at the time of the accident, thus absolving the United States from liability under the Federal Torts Claims Act, 28 U.S.C. § 2672 et seq. (1982). Finding...

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