discussed Cited "see" United States v. Edward Lepatourel and Valerie Lepatourel See Indian Towing Co. v. United States, supra, 350 U.S. at 68-69 , 76 S.Ct. 122 . 30 Plaintiff points us to dicta in Cromelin v. United States, 177 F.2d 275, 277 (5th Cir. 1949), cert. denied, 339 U.S. 944 , 70 S.Ct. 790 , 94 L.Ed. 1359 (1950), and Foster v. MacBride, 521 F.2d 1304, 1305 (9th Cir. 1975), in which the independence of the federal judiciary was said to obviate that element of governmental control necessary to bring a federal officer or employee within the coverage of the Act. 6 It is sufficient to note that both cases involved judges acting in a judicial capacity, whereas the pre…

cited Cited "see" Vorhauer v. United States See Cromelin v. United States, 177 F.2d 275 (5th Cir. 1949), cert. denied, 339 U.S. 944 , 70 S.Ct. 790 , 94 L.Ed. 1359 (1950).