Legal Opinion

Maryland Ex Rel. Levin v. United States

Supreme Court of the United States

Decided May 3, 1965No. 345PublishedCited by 121 opinions

1Opinion of the CourtJustice Harlan

The question we decide here is whether a civilian employee and military member of the National Guard is an “employee” of the United States for purposes of the Federal Tort Claims Act when his National Guard unit is not in active federal service.

Petitioners’ decedents were passengers on a Capital Airlines plane that collided over Maryland with a jet trainer assigned to the Maryland Air National Guard. The only survivor of the accident was the pilot of the trainer, Captain McCoy, and it is not disputed that the collision was caused by his negligence. The estates of the pilot and co-pilot of the…

2Cases cited16 opinions

  1. United Air Lines, Inc. v. Janice Wiener and Catherine B. Nollenberger (Excluding Faith C. Paris), United States of America v. Janice WienerCourt of Appeals for the Ninth Circuit · 1964
  2. United States v. United Air Lines, Inc.District Court, D. Nevada · 1962
  3. United States v. Holly (Two Cases). United States v. SaundersCourt of Appeals for the Tenth Circuit · 1951
  4. John W. Pattno, Administrator of the Estate of Gene A. Lewis, Deceased v. United StatesCourt of Appeals for the Tenth Circuit · 1962
  5. Williams v. United StatesCourt of Appeals for the Tenth Circuit · 1951

11 more not listed; retrieve them via the Exa API.

3Cited by121 opinions

  1. United States v. OrleansSupreme Court of the United States · 1976
  2. Logue v. United StatesSupreme Court of the United States · 1973
  3. Robin Construction Company, a Corporation of New Jersey, Richard D. Masia and Judith Masia v. United StatesCourt of Appeals for the Third Circuit · 1965
  4. Berner v. British Commonwealth Pacific Airlines, Ltd.Court of Appeals for the Second Circuit · 1965
  5. Charles E. Chaudoin v. Clarence E. Atkinson, JrCourt of Appeals for the Third Circuit · 1974

116 more not listed; retrieve them via the Exa API.

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