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Maryland v. United States, 381 U.S. 41 (1965)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Maryland v. United States, 381 U.S. 41 (1965)
Maryland for Use of Levin v. United States No. 345 Argued March 15, 1965 Decided May 3, 1965 381 U.S. 41
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
Syllabus
Petitioners’ decedents were passengers on an airliner which collided with a jet trainer assigned to the Maryland Air National Guard. The only survivor was the jet trainer pilot, whose negligence is not disputed. The pilot held a commission from the Governor of Maryland as an officer in the Maryland Air National Guard, where he served on alternate Saturdays as a fighter pilot and Squadron Maintenance Officer. He was otherwise employed by the Guard as a civilian Aircraft Maintenance Chief under 32 U.S.C. § 709, as a so-called "caretaker" of Guard property. This suit was brought against the United States under the Federal Tort Claims Act. The principal issue below was whether the pilot was in his military or civilian capacity at the time of the accident. The District Court found he was in a civilian status, and awarded judgment for petitioners, but the Court of Appeals reversed.
Held: In both his civilian and military capacities, the pilot was an employee of the State of Maryland, and thus the United States is not liable under the Federal Tort Claims act for his negligence in either capacity. Pp. 46-53.
(a) Except when called into federal service, the Guard is in charge of the Governor of the State, and its military members are state employees. Pp. 47-48.
(b) Civilian caretakers, while meeting federal requirements and receiving payment from the United States, are under the jurisdiction of the State Adjutant General, and are performing a state function. Pp. 48-49.
(c) United States v. Holly, 192 F.2d 221, which held that civilian caretakers were employees of the United States, was decided on an incorrect construction of the National Defense Act. P. 50.
(d) Congressional enactments, despite the Holly line of cases, treat both military and civilian employees of the National Guard as state employees. Pp. 51-52.
329 F.2d 722 affirmed.
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Chicago: U.S. Supreme Court, "Syllabus," Maryland v. United States, 381 U.S. 41 (1965) in 381 U.S. 41 381 U.S. 42. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=FGS5SGDEUB9XEJX.
MLA: U.S. Supreme Court. "Syllabus." Maryland v. United States, 381 U.S. 41 (1965), in 381 U.S. 41, page 381 U.S. 42. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=FGS5SGDEUB9XEJX.
Harvard: U.S. Supreme Court, 'Syllabus' in Maryland v. United States, 381 U.S. 41 (1965). cited in 1965, 381 U.S. 41, pp.381 U.S. 42. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=FGS5SGDEUB9XEJX.
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