· 1/30/1976
United States v. One 1970 Pontiac GTO, 2-Door Hardtop
Citations
- 529 F.2d 65
- 1976 U.S. App. LEXIS 13069
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that other two factual factors need only be explored if service member’s duty status warrants the action
- noting in subsequent paragraph several cases that found Feres inapplicable even though the injuries occurred on the military reservation
- “this factor is more relevant to the decision whether to imply an exception than it is to the exception’s application”
- the alternative compensation system “is one of the considerations discussed most inconsistently by the Supreme Court”
- “Some of the same factors that were dismissed in Rayonier and Muniz were dusted off and reasserted in Stencel.”
- recovery under FTCA allowed because serviceman “was not directly subject to military control; he was not under compulsion of military orders; he was not performing any military mission.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Choy, Duniway, Hufstedler
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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