McCranie v. United States

This is an appeal from a summary judgment entered in favor of the United States in a suit, under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671 et seq., brought to recover for torts of National Guardsmen, whose unit had not yet been called into active service.

The district judge granted the judgment on the ground that the persons, whose negligent acts and omissions are alleged by the plaintiff to have been the proximate cause of the collision were not employees of the United States acting within the scope of their office or employment at the time, as contemplated by the Federal Tort…