Legal Opinion
Courtney v. United States
Court of Appeals for the Second Circuit
Decided February 16, 1956No. Nos. 157, 158, Dockets 23736, 23737PublishedCited by 23 opinions
1Opinion of the Court
HINCKS, Circuit Judge.
The sole issue on these appeals is whether a civilian caretaker employee of a federally recognized but nonactivated National Guard unit is an “employee” of the United States within the meaning of the Federal Tort Claims Act, 28 U.S.C.A. § 1346(b). The District Court held that he is not such an “employee in an opinion reported at 126 F.Supp. 217.
Truex, the alleged Government “employee,” was a civilian caretaker of federal equipment loaned to the federally recognized but not activated New York National Guard. The claims sued on arose out of his conduct in driving a…
2Cases cited14 opinions
- United States v. Holly (Two Cases). United States v. SaundersCourt of Appeals for the Tenth Circuit · 1951
- O'TOOle v. United StatesCourt of Appeals for the Third Circuit · 1953
- Williams v. United StatesCourt of Appeals for the Tenth Circuit · 1951
- Elmo v. United StatesCourt of Appeals for the Fifth Circuit · 1952
- United States v. DuncanCourt of Appeals for the Fifth Circuit · 1952
9 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Maryland Ex Rel. Levin v. United StatesSupreme Court of the United States · 1965
- Carnation Company v. National Labor Relations BoardCourt of Appeals for the Ninth Circuit · 1970
- John W. Pattno, Administrator of the Estate of Gene A. Lewis, Deceased v. United StatesCourt of Appeals for the Tenth Circuit · 1962
- Claire Irene Fisher, Administratrix of the Estate of Virgil Franklin Fisher, Deceased v. United StatesCourt of Appeals for the Sixth Circuit · 1966
- Rebecca B. Blackwell and William G. Blackwell v. United States of America and Aetna Casualty and Surety CompanyCourt of Appeals for the Fifth Circuit · 1963
18 more not listed; retrieve them via the Exa API.