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DRAKE v. TREADWELL CONSTRUCTION COMPANY

No. 13591.

299 F.2d 789 (1962)

Joseph DRAKE, Plaintiff, v. TREADWELL CONSTRUCTION COMPANY, Defendant and Third-Party Plaintiff, v. UNITED STATES of America, Third-Party Defendant, Appellant.

United States Court of Appeals Third Circuit.

Decided February 15, 1962.

Attorney(s) appearing for the Case

Anthony L. Mondello, Washington, D. C. (William H. Orrick, Jr., Asst. Atty. Gen., Hubert A. Teitelbaum, U. S. Atty., Pittsburgh, Pa., Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellant.

Harold E. McCamey, Pittsburgh, Pa. (Dickie, McCamey, Chilcote & Robinson, Pittsburgh, Pa., Frederick T. M. Crowley, Washington, D. C., on the brief), for appellee.

Before KALODNER, HASTIE and GANEY, Circuit Judges.

HASTIE, Circuit Judge.

This litigation began as a diversity suit in which the plaintiff, Joseph Drake, an employee of the United States, sued the principal defendant, Treadwell Construction Co., for negligent injury suffered when a steel expansion tank, manufactured by Treadwell for the United States, exploded while Drake and others were testing ordnance at a government arsenal. Treadwell then brought the United States into...

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