McNicholas v. United States

WHAM, District Judge.

The captioned cause came on for hearing on the Motion of the defendant UNITED STATES OF AMERICA entered herein November 21, 1963, to dismiss this action, under Rule 12(b) of the Federal Rules of Civil Procedure. The Motion was based on the assertion that plaintiff at the time of her alleged accident was engaged as a volunteer in providing recreational activities for patients of a Veterans Administration Hospital with the prior approval and consent *967of that hospital, and that by reason of such volunteer work she became an “employee” of the United States of America and…