Fancher v. Baker

The majority has found it unnecessary, in considering this appeal, to pass upon the question, if any, as to the existence of a genuine factual issue between the parties as to the mission and scope of activities of appellee as an employee of the United States at the time of the collision. The majority has adopted the view that such an issue is not sufficiently raised by appellant for our review. I do not agree.

Appellant’s entire appeal is bottomed upon a single Point, and I quote:

“Court erred in granting Defendant-Appellees motion for summary judgment since 28 U. S. Code Section '2679 grants…