Glasgow v. United States

LYNNE, District Judge.

Moving for a summary judgment pursuant to Rule 56(h), Federal Rules of Civil Procedure, 28 U.S.C.A., defendant is here insisting that the factual allegations of plaintiffs’ complaint, as explained by its own supporting affidavits, are insufficient as a matter of law to impose liability upon the United States.

Plaintiffs are content to rest their respective claims upon the contention that a member of the National Guard of the State of Tennessee, while driving a truck, loaned to his unit by the Department of the Army, as authorized by Title 32 U.S.C.A. §§ 21, 31 and 33, in…