MILLER v. UNITED STATES

Civ. A. Nos. 4-69, 16-69.

307 F.Supp. 932 (1969)

Barry MILLER and William Boone, Plaintiffs, v. UNITED STATES of America and Newport News Shipbuilding and Dry Dock Company and Tenneco, Inc., Defendants. Thomas Edward DRAUGHN, Plaintiff, v. UNITED STATES of America and Newport News Shipbuilding and Dry Dock Company and Tenneco, Inc., Defendants.

United States District Court E. D. Virginia, Newport News Division.

November 26, 1969.


Attorney(s) appearing for the Case

Ellenson & Fox, Newport News, Va., for plaintiffs.

U. S. Atty., Alexandria, Va., and Norfolk, Va., and Hall Baetz, Atty., Admiralty and Shipping Section, Dept. of Justice, Washington, D. C., for the United States.

William McL. Ferguson, Newport News, Va., for Newport News Shipbuilding and Tenneco, Inc.


OPINION AND ORDER

KELLAM, District Judge.

Plaintiffs were employed in the Installation Division, Painters' Department of Newport News Shipbuilding and Dry Dock Company (Shipyard) performing services on the Carrier JOHN F. KENNEDY. While so employed, they were injured when an elevator descended or fell on them. Suits were filed against the Shipyard, Tenneco, Inc., and the United States. The Shipyard moves to dismiss for lack of jurisdiction and for summary...

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