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STAUBER v. CLINE

No. 86-4233.

837 F.2d 395 (1988)

Frederick C. STAUBER, Plaintiff-Appellant, v. Richard A. CLINE; Fred C. Scharper; Ray Dugan, Defendant-Appellee, and State of Alaska; Department of Military and Veterans Affairs, Office of the Adjutant General; State Review, State Review and Appeals Board, Defendants.

United States Court of Appeals, Ninth Circuit.

Submitted July 2, 1987.

Decided January 20, 1988.

Attorney(s) appearing for the Case

Joseph N. Barcott, Anchorage, Alaska, for plaintiff-appellant.

Malcolm Logan, Asst. U.S. Atty., Anchorage, Alaska, for defendant-appellee.

Before POOLE and CANBY, Circuit Judges, and RAUL RAMIREZ, District Judge.

CANBY, Circuit Judge:

The issue before us is whether intramilitary immunity bars a state-law tort action between civilian technicians for the Alaska Army National Guard who were also necessarily National Guard members when the actions arose, and whether the district court correctly held that plaintiff's injuries arose incident to military service. We conclude that defendants are immune under the doctrine of Feres v. United States, 340 U.S. 135...

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