Janice L. James, by Her Next Friend, Roland C. James, and F. D. English, Administrator of the Estate of Frederick L. English v. United States

WINTER, Circuit Judge:

The district court rendered judgment against the United States under the Federal Tort Claims Act, 28 U.S.C.A. §§ 2671 et seq., on the theory that Sgt. William A. Bell was acting within the scope of his employment when he was involved in an automobile accident on August 3, 1968. The government appeals solely on the issue of agency, and we reverse.

I

Sgt. Bell, a member of the United States Army Reserves, resides in Jacksonville, North Carolina. For the period July 18, 1968, through August 3, 1968, he was ordered to the Atlanta Army Depot, Forest Park, Georgia, for annual…