Archer

The motion of the Government for summary judgment, filed on March 20, 1953, heretofore argued and submitted is now decided as follows:

The motion is granted.

Findings and judgment to be prepared by counsel for the Government in accordance with the views here expressed.

Comment

I am of the view that plaintiffs cannot recover. The decedent, Herman Archer, a cadet at West Point Military Academy, was, at the time of his death, traveling in a military plane, under military discipline, and was, under the laws and regulations in force at the time, on military duty. His death occurred “in the course of military duty”. Feres v. United States, 1950, 340 U.S. 135, 146 , 71 S.Ct. 153 , 95 L.Ed. 152 , modifying and distinguishing Brooks v. United States, 1949, 337 U.S. 49 , 69 S.Ct. 918 , 93 L.Ed. 1200 .

Under the law the plaintiffs are allowed compensation for the death of their son. This is an exclusive remedy which forbids their suing under the Federal Tort-Claims Act, 28 U.S.C.A. § 1346 . Feres v. United States, supra; Johansen v. United States, 1952, 343 U.S. 427 , 72 S.Ct. 849 , 96 L.Ed. 1051 .

Hence the ruling above made.

Findings of Fact

I

The plaintiffs, Pearl Archer and…