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WIEN ALASKA AIRLINES, INC. v. UNITED STATES

No. 21004.

375 F.2d 736 (1967)

WIEN ALASKA AIRLINES, INC., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 18, 1967.

Attorney(s) appearing for the Case

Phillip D. Bostwick, Shaw, Pittman, Potts, Trowbridge & Madden, Washington, D. C., James J. Delaney, Jr., Delaney, Wiles, Moore & Hayes, Anchorage, Alaska, for appellant.

Richard L. McVeigh, U. S. Atty., Marvin S. Frankel, Asst. U. S. Atty., Anchorage, Alaska, for appellee.

Before JERTBERG and MERRILL, Circuit Judges, and MATHES, District Judge.

JERTBERG, Circuit Judge:

The issue of law involved in this appeal is whether Section 7(b) of the Federal Employees' Compensation Act [5 U.S.C. § 757(b)],1 bars a third-party claim for non-contractual indemnity in an action where plaintiff is an F.E.C.A. beneficiary.

The facts are not in dispute. One Backlund, an employee of the Federal Aviation Agency, while in performance of his duties, was killed when an aircraft owned and...

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