Legal Opinion
McGarrh v. United States
District Court, N.D. Mississippi
Decided January 2, 1969No. DC 6557-KPublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
READY, Chief Judge.
This suit is filed under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), to recover damages for serious injuries allegedly suffered by plaintiff when his automobile struck the rear-end of an automobile driven by Private First Class Jesse D. Morrell, III, a soldier of United States Army, then in leave status and under orders transferring him from one duty station to another. The United States has moved for summary judgment under Rule 56(b) F.R.Civ.P., contending that it is entitled to judgment as a matter of law inasmuch as Morrell was then acting…
2Cases cited31 opinions
- Williams v. United StatesSupreme Court of the United States · 1955
- Barmore v. Vicksburg, Shreveport & Pacific Railway Co.Mississippi Supreme Court · 1904
- United States v. EleazerCourt of Appeals for the Fourth Circuit · 1949
- United States v. CampbellCourt of Appeals for the Fifth Circuit · 1949
- O. B. Hinson, Mrs. O. B. Hinson and Danny Hinson, a Minor, by and Through O. B. Hinson, as Next Friend v. United StatesCourt of Appeals for the Fifth Circuit · 1958
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3Cited by4 opinions
- Dorothea E. McSwain and Stella McSparran Administratrix of the Estate of Tracy L. McSwain Deceased v. United States v. Herbert L. McSwainCourt of Appeals for the Third Circuit · 1970
- Provost v. SmithDistrict Court, E.D. Tennessee · 1969
- Mason & Dixon Lines v. ShoreDistrict Court, E.D. Tennessee · 1975
- Dorothea E. McSwain and Stella McSparran Administratrix of the Estate of Tracy L. McSwain Deceased v. United States v. Herbert L. McSwainCourt of Appeals for the Third Circuit · 1970