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ST. PAUL FIRE & MARINE INS. CO. v. UNITED STATES

No. 1332.

116 F.Supp. 51 (1953)

ST. PAUL FIRE & MARINE INS. CO. et al. v. UNITED STATES.

United States District Court, D. Montana, Great Falls Division.

March 21, 1953.

Attorney(s) appearing for the Case

LaRue Smith and LaRue Smith, Jr., Great Falls, Mont., for plaintiff.

Krest Cyr, U. S. Dist. Atty., Joseph G. Mudd and Frank M. Kerr, Asst. U. S. Dist. Attys., Butte, Mont., for defendant.

PRAY, Chief Judge.

This action was brought under Section 1346(b) Title 28, U.S.C. to determine whether the defendant herein is liable for the negligence of Sergeant Marshall of the Great Falls Army Air Base as hereinafter set forth. The above section refers to Chapter 171 of Title 28, or Section 2671, which provides: "As used in this chapter and sections 1346(b) and 2401(b) of this title, the term * * * `Acting within the scope of his office or employment', in the...

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