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UNITED STATES v. SHEARER

No. 84-194.

473 U.S. 52 (1985)

105 S.Ct. 3039

87 L.Ed.2d 38

UNITED STATES v. SHEARER, INDIVIDUALLY AND AS ADMINISTRATRIX FOR THE ESTATE OF SHEARER

Supreme Court of United States.

Decided June 27, 1985

Attorney(s) appearing for the Case

Deputy Solicitor General Geller argued the cause for the United States. With him on the briefs were Solicitor General Lee, Acting Assistant Attorney General Willard, David A. Strauss, Anthony J. Steinmeyer, and Robert V. Zener.

William T. Cannon argued the cause and filed a brief for respondent.

CHIEF JUSTICE BURGER delivered the opinion of the Court, except as to Part II-A.

We granted certiorari to decide whether the survivor of a serviceman, who was murdered by another serviceman, may recover from the Government under the Federal Tort Claims Act for negligently failing to prevent the murder.

I

Respondent is the mother and administratrix of Army Private Vernon Shearer. While Private Shearer was off duty at Fort Bliss and away from the base...

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