Legal Opinion
Sylvia Tomack and Murray Tomack v. United States
Court of Appeals for the Second Circuit
Decided November 28, 1966No. 30642_1PublishedCited by 3 opinions
1Opinion of the Court
J. JOSEPH SMITH, Circuit Judge:
Appellants sued the United States under the Tort Claims Act, 28 U.S.C. § 1346 (b), 60 Stat. 843 (1946), as amended 72 Stat. 348 (1958), 1 in the United States District Court for the Southern District of New York, for personal injuries sustained in a collision involving a government owned motor vehicle. On motion under F. R. Civ. P. 56, the Court, Dudley B. Bonsai, Judge, dismissed the action on the ground that there was no genuine issue as to any material fact since the uncontested facts established that the driver was not acting within the scope of his office…
2Cases cited9 opinions
- Leotta v. PlessingerNew York Court of Appeals · 1960
- Riley v. . Standard Oil Co.New York Court of Appeals · 1921
- Herrin Transp. Co. v. United StatesSupreme Court of the United States · 1961
- Fiocco v. . CarverNew York Court of Appeals · 1922
- McConville v. United StatesCourt of Appeals for the Second Circuit · 1952
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3Cited by3 opinions
- Essig v. United StatesDistrict Court, E.D. New York · 1987
- State Farm Mutual Automobile Insurance v. Martin Marietta Corp.Court of Special Appeals of Maryland · 1995
- Boyer v. ChalouxDistrict Court, N.D. New York · 1968