Green

Plaintiff Val Green was a passenger in an automobile driven by Michael Coffman, a fellow member of the Army Reserves, when an accident occurred, killing Coffman and seriously injuring Green. Green sued Coff-man’s estate in state court for damages. The estate added the United States as a third-party defendant, removed the action to federal court, and sought certification from the Attorney General that Coffman was acting within the scope of his employment as a Reservist at the time of the accident. The Attorney General denied certification, and the estate petitioned the district court to find and certify that Coffman was acting within the scope of his employment. The magistrate judge assigned to the case denied the petition after a hearing at which he received documentary evidence but heard no live testimony. The magistrate judge also rejected the estate’s argument that it was immune from Green’s suit under the Feres doctrine. The district court adopted the findings and recommendation of the magistrate judge. The estate appeals both rulings. We affirm.

I

On July 7-9, 1989, Green and Coffman were required to attend a weekend drill and training session at the Portland Air Base.…