Mattos v. United States

412 F.2d 793 Clarence E. MATTOS, Sr., and Clara Mattos, Appellants, v. UNITED STATES of America, John J. Vaughn, Newton Wakeman, William Hickey, Captain Tucker, Doe I through Doe XI, Respondents. No. 22473. United States Court of Appeals Ninth Circuit. June 3, 1969. Daniel J. Weston, of Friedman & Collard, West Sacramento, Cal., for appellant. William D. Ruckelshaus, Asst. Atty. Gen., Morton Hollander, Robert V. Zener, Attys., Dept. of Justice, Washington, D. C., John P. Hyland, U. S. Atty., William B. Shubb, Asst. U. S. Atty., Sacramento, Cal., for appellee. Before BARNES, MERRILL and BROWNING, Circuit Judges. PER CURIAM: 1 Appellants brought suit in a California State court for damages suffered as a result of the death of their son. While on weekend military reserve duty, he was killed when a military truck, in which he was riding, overturned. The complaint charged negligent operation of the motor vehicle and named as defendants the United States, the operator of the vehicle and officers in command of the unit. Suit was removed to the United States District Court by the defendants under the Federal Drivers Act, 28 U.S.C. § 2679 (d), and, as a suit against an officer of…