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STATE OF MARYLAND v. HATCH

Civ. No. 8569.

198 F.Supp. 1 (1961)

STATE of MARYLAND for the use of Florence BARRESI and Joseph Barresi, Jr. v. Robert Curtis HATCH and United Aircraft Company.

United States District Court D. Connecticut.

October 4, 1961.

Attorney(s) appearing for the Case

Schechter & Schechter, by Eugene L. Wishod, Smithtown, N. Y., for plaintiffs.

Wiggin & Dana, by John D. Fassett, New Haven, Conn., for defendant The United Aircraft Corp.

BLUMENFELD, District Judge.

The corporate defendant's motion for summary judgment brought under Rule 56 F.R.Civ.P., 28 U.S.C.A., is based upon a claim that the factual issue of whether the defendant Hatch was "acting in the course of and within the scope of his employment as an employee * * of the defendant" at the time when his operation of an automobile resulted in an accident must be resolved against the plaintiff. In support of its motion, it offers:

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