MERLONGHI v. U.S.

No. 09-2387.

620 F.3d 50 (2010)

Frank A. MERLONGHI, Plaintiff, Appellant, v. UNITED STATES, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided September 14, 2010.


Attorney(s) appearing for the Case

Benjamin R. Zimmermann , with whom Neil Sugarman and Sarah H. Gottlieb were on brief, for plaintiff, appellant.

Anita Johnson , Assistant United States Attorney, with whom Carmen M. Ortiz , United States Attorney, was on brief, for defendant, appellee.

Before BOUDIN, GAJARSA, and THOMPSON, Circuit Judges.


GAJARSA, Circuit Judge.

This appeal requires us to determine whether a federal employee was acting within the scope of his employment under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b), 2671-2680 (2006). While driving home from work in a government vehicle, the employee collided with a motorcyclist. The motorcyclist, Frank A. Merlonghi, filed suit in the U.S. District Court for the District of Massachusetts against the United States under the...

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