United States v. New Jersey Manufacturers Co.

MEMORANDUM AND OPINION

KATZ, District Judge.

These cross motions for summary judgment raise the issue whether a driver of a vehicle was acting within the scope of his employment for the plaintiff, United States, at the time of an accident on November 8, 1979. If the driver was within the scope of his employment, he will be represented by plaintiff, United States, in a separate personal injury suit arising out of the accident; otherwise, he will be represented by the defendant insurance company.1 This is a declaratory judgment action. The facts are stipulated.

The accident happened at 7:00 a.m.…