MEMORANDUM AND ORDER
DUNCAN, District Judge.
This is an action under the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq., arising out of an automobile accident involving James Malone, a member of the United States Air Force. The accident occurred near Greenfield, Indiana, at approximately 7:00 a.m. on November 9, 1971. The matter is before the Court on the parties' motions for summary judgment.
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