District Court, E.D. South Carolina April 5, 1965, Civ. A. No. 8289 (Teston v. United States)

HEMPHILL, Chief Judge.

Motion by defendant for Summary Judgment under Rule 56, Fed.Rules Civ. Proc.; the Court heard arguments of counsel as to whether or not the United States is liable under the Federal Tort Claims Act for injuries to a member of the Armed Forces while on active duty and not on furlough where the injuries arise out of or in the course of activity incident to service.