Rutherford v. United States

TAYLOR, District Judge.

This action is before the Court on defendant’s motion for the entry of summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

The defendant’s motion is based upon the pleadings on file in the action and the affidavit of Raymond J. Wininger, attached to the defendant’s motion as an exhibit. No counter affidavit was produced by the plaintiff.

The question for decision by the Court upon defendant’s motion is whether Wininger, the U. S. Naval petty officer at the time of the automobile accident upon which this action…