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MARION v. UNITED STATES

Civ. A. No. 13259.

214 F.Supp. 320 (1963)

John I. MARION, Plaintiff, v. UNITED STATES of America and Staff Sergeant Billie Pierce, Defendants.

United States District Court D. Maryland.

February 28, 1963.

Attorney(s) appearing for the Case

Neil M. Shpritz, Baltimore, Md., Robert J. Stanford, Washington, D. C., for plaintiff.

Joseph D. Tydings, U. S. Atty., Daniel F. McMullen, Jr., Asst. U. S. Atty., Baltimore, Md., Leavenworth Colby, Washington, D. C., Allan J. Weiss, Arlington, Va., for defendant.

WINTER, District Judge.

Whether the remedy of a federal employee, injured in the course of his employment by another federal employee, also acting in the course of his employment, against the United States and also the fellow-employee lies exclusively in the benefits granted by the Federal Employees' Compensation Act, 5 U.S.C.A. § 751 et seq., is the question raised by the defendants' motion for summary judgment.

The complaint, answers, motion for summary...

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