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YATES v. UNITED STATES

No. 10089.

365 F.2d 663 (1966)

Gilbert Earl YATES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided July 29, 1966.

Attorney(s) appearing for the Case

Howard I. Legum, Norfolk, Va. (Fine, Fine, Legum, Schwan & Fine, Norfolk, Va., on brief), for appellant.

Edward Berlin, Attorney, Department of Justice (John W. Douglas, Asst. Atty. Gen., and Sherman L. Cohn and Florence Wagman Roisman, Attorneys, Department of Justice, and Claude V. Spratley, Jr., U. S. Atty., on brief), for appellee.

Before SOBELOFF and BOREMAN, Circuit Judges, and MAXWELL, District Judge.

MAXWELL, District Judge.

Yates brought this action under the Federal Tort Claims Act (28 U.S.C. §§ 1346, 2401, 2671-2680), seeking damages for injuries sustained in a fall suffered while an employee of Air Mod Corporation, a government contractor, at Dover Air Force Base, Delaware. The District Court, in an extensive and well reasoned opinion, found that the Air Force had not been negligent with regard to appellant...

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