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EMSLEY v. ARMY NATIONAL GUARD

No. 51821-1.

106 Wn.2d 474 (1986)

722 P.2d 1299

THOMAS L. EMSLEY, SR., as Personal Representative, ET AL, Respondents, v. THE ARMY NATIONAL GUARD, Petitioner.

The Supreme Court of Washington, En Banc.

July 31, 1986.

Attorney(s) appearing for the Case

Kenneth O. Eikenberry, Attorney General, and Virginia O. Binns and Jon P. Ferguson, Assistants, for petitioner.

Edwards & Barbieri, by Malcolm L. Edwards and Catherine W. Smith; Douglas B. Ehlke and James Beard (Fred G. Scott, Jr., of counsel), for respondents.

Gene S. Anderson, United States Attorney, amicus curiae for petitioner.

BRACHTENBACH, J.

This case presents the question whether the State of Washington may be sued for torts committed against United States Army personnel by members of the Washington National Guard. We hold that the State is not immune from suit, and in so holding, we affirm the trial court denial of the State's motion for dismissal.

On August 20, 1983, five United States Army soldiers on active duty were marching along a public road at Fort Lewis. A howitzer...

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