Storer Broadcasting Company, Detroit Fire & Marine Insurance Company and Associated Aviation Underwriters v. United States

The only question presented by this appeal is whether a member of the National Guard of a State, who is not a caretaker, 1 and who has not been called to active service of the United States is an “employee of the Government” within the meaning of the Federal Tort Claims Act. 2 This Court is firmly committed to answer that question in the negative. 3 The Tenth Circuit is in accord. 4 The Third Circuit has held differently as to the District of Columbia National Guard, 5 but, as its opinion indicates, that holding is distinguishable because of the unique status occupied by the District of…