Duncan v. United States

ATWELL, Chief Judge.

Leaving out of consideration the claim that Clark, the driver of the truck, was guilty of negligence, and considering solely whether he was within the meaning of Sec. 2671, Title 28 U.S.C.A., an employee of the government, we must determine from the language of that section whether he is included. It provides, “ ‘Employee of the government’ includes officers or employees of any federal agency, members of the military or naval forces of the United States, and persons acting on behalf of a federal agency in an official capacity, temporarily or permanently in the service of…