GROVER LAND, APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE

10th Cir. | 1965-03-17
No. 7879
342 F.2d 785 United States Court of Appeals for the Tenth Circuit (1965) Caution
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This appeal is taken from an order of the District Court for the Northern District of Oklahoma sustaining the motion of the United States for entry of summary judgment upon an asserted claim filed under the Federal Tort Claims Act, 28 U.S.C. § 1346(b). The trial court’s judgment was premised upon the undisputed fact that plaintiff’s injuries were caused solely by the personal negligence of a federal employee with whom plaintiff had entered, in consideration of payment to him of $5,275.00, into an agreement designated as a “covenant not to execute.” For the reasons stated by the trial court in his memorandum decision, 231 F.Supp. 883, we hold that under the law of Oklahoma the agreement and settlement with the employee relieved the United States from liability.

Affirmed.


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