PERCIVILL v. UNITED STATES

No. 28799.

429 F.2d 16 (1970)

Mrs. Eileen Laverne PERCIVILL, Plaintiff-Appellee, and United States Fidelity and Guaranty Company, Intervenor-Appellee, v. UNITED STATES of America, Defendant-Third Party Plaintiff-Appellant, v. PHOENIX PAINTING COMPANY et al., Third Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 26, 1970.


Attorney(s) appearing for the Case

Morton L. Susman, U. S. Atty., Jack Shepherd, James R. Gough, Asst. U. S. Attys., Houston, Tex., William D. Ruckelshaus, Asst. Atty. Gen., Anthony J. P. Farris, U. S. Atty., Robert V. Zener, Leonard Schaitman, Alan S. Rosenthal, Reed Johnson, Jr., William D. Appler, Attys., U. S. Dept. of Justice, Washington, D. C., for defendant third-party plaintiff-appellant.

William R. Edwards, M. W. Meredith, Jr., Keys, Russell, Watson & Seaman, Corpus Christi, Tex., for Phoenix Painting Co., third party defendant-appellee.

Before TUTTLE, THORNBERRY and INGRAHAM, Circuit Judges.


TUTTLE, Circuit Judge.

The United States appeals from a judgment rendered against it under the Tort Claims Act based on a determination by the trial court that negligence of the United States caused the death by electrocution of a painter engaged in painting the inside of a building at the United States Naval Air Station at Corpus Christi, Texas. The government also appeals from the dismissal of its third party claim against Percivill's employer, Phoenix Painting...

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