FENTRESS v. UNITED STATES

No. 17430.

431 F.2d 824 (1970)

Willie B. FENTRESS, Plaintiff-Appellee, v. UNITED STATES of America, Appellant, v. TOWER MAINTENANCE OF ILLINOIS, INC., Third-Party Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

August 10, 1970.


Attorney(s) appearing for the Case

William J. Bauer, U. S. Atty., Chicago, Ill., Stephen R. Felson, Donald L. Horowitz, William D. Ruckelshaus, Asst. Atty. Gen., Thomas A. Foran, U. S. Atty., Alan S. Rosenthal, Atty., Department of Justice, Washington, D. C., for appellant.

James P. Chapman, Charles E. Eklund, Chicago, Ill., for appellee.

Before CLARK, Associate Justice, Retired, DUFFY, Senior Circuit Judge, and KILEY, Circuit Judge.


KILEY, Circuit Judge.

The issue presented on this appeal is whether the Federal Tort Claims Act2 precludes a recovery of money damages for injuries suffered as a proximate cause of the government's violation of the Illinois Scaffold Act.3 We hold that the Federal Act does not preclude plaintiff Fentress' recovery, and we affirm.

On December 14, 1961, the Federal Aviation Agency awarded Tower Maintenance...

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