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WIBYE v. UNITED STATES

Nos. 27732, 27694.

87 F.Supp. 830 (1949)

WIBYE v. UNITED STATES (two cases).

United States District Court N. D. California, S. D.

December 22, 1949.

Attorney(s) appearing for the Case

Nichols, Richard, Allard & Williams, Oakland, Cal., for plaintiffs.

Frank J. Hennessy, United States Attorney, San Francisco, Cal., for defendant.

GOODMAN, District Judge.

In these two consolidated actions for damages for personal injuries brought under the Federal Tort Claims Act, 60 Stat. 843, 28 U.S.C.A. 931 et seq. [now 1346, 2671 et seq.], the liability of the United States depends upon whether John E. Hadley, a civilian employee of the Stock Control Division of the United States Quartermaster Corps, was acting "within the scope of his office or employment," at the time the government automobile he was...

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