Atnip v. United States

NEESE, District Judge.

This is an action in which the plaintiff seeks to recover damages for injuries to his person and property by virtue of the alleged negligence of an employee of the defendant United States of America while allegedly operating a motor vehicle on the business of the defendant. The action was instituted in a state court, sub nom. James Atnip v. Glover Davis, and was removed to this court on petition and certification under the provisions of 28 U.S.C. § 2679(d). The plaintiff has now moved to remand the action to the state court, 28 U.S.C. § 2679(d).

In his deposition, the…