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WALLENIUS BREMEN G. m. b. H. v. UNITED STATES

No. 12353.

409 F.2d 994 (1969)

WALLENIUS BREMEN G. m. b. H., Owner of the M/V MARTHA, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided April 25, 1969.

Attorney(s) appearing for the Case

Bernard G. Barrow, Norfolk, Va. (Vandeventer, Black, Meredith & Martin, Norfolk, Va., on brief), for appellant.

Morton Hollander, Atty., Dept. of Justice (Edwin L. Weisl, Jr., Asst. Atty. Gen., Alan S. Rosenthal and Walter H. Fleischer, Attys., Dept. of Justice, and Claude V. Spratley, Jr., U. S. Atty., on brief), for appellee.

Before CRAVEN and BUTZNER, Circuit Judges, and McMILLAN, District Judge.

CRAVEN, Circuit Judge:

The single question presented on appeal is whether the exclusive remedy provision of the Federal Employees' Compensation Act bars the claim of a third party for indemnity against the federal government for damages paid an injured government employee. We think it does not and, accordingly, reverse the entry of summary judgment in favor of the United States.

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