Uarte

In an action originally instituted against the United States Government, the Department of the Navy, the Twelfth Naval District, Golden State Company, Ltd., Don Arthur McCoy and five fictitious persons, the plaintiff prays judgment in the sum of $55,636.25 for personal injuries and damages claimed to have been suffered by him as the result of an accident which occurred on July 24, 1946, near the City of Madera, California. The accident resulted from a collision between a Navy vehicle, the plaintiff’s vehicle and a tractor and semi-trailer owned by the Golden State Company, Ltd. and operated by one of its employees, Don' Arthur McCoy.

The action has been dismissed as to the Department of the Navy, the Twelfth Naval District, Don Arthur McCoy, and the fictitious defendants. It stands only against the United States of America and the Golden State Company, Ltd.

The Government has moved to dismiss the complaint upon the ground, generally, that it does not state a claim within the jurisdiction of the Court.

The narrow question presented is whether, under the Federal Tort Claims Act 2 , a private corporation can be joined as a joint tort feasor with the Government in a single suit…