FISHER v. UNITED STATES

Nos. 18151-18153.

441 F.2d 1288 (1971)

Robert A. FISHER v. UNITED STATES of America (Third-Party Plaintiff), Appellant in No. 18151, v. GEORGE M. BREWSTER AND SON, INC., Appellant in No. 18152, and Berks Steel Service, Inc. (Third-Party Defendants), v. H. I. LEWIS CONSTRUCTION COMPANY, Inc. (Third-Party Defendant). Appeal of BERKS STEEL SERVICE, INC. (Third-Party Defendant), in No. 18153.

United States Court of Appeals, Third Circuit.

Decided April 2, 1971.


Attorney(s) appearing for the Case

Ronald R. Glancz, Department of Justice, Washington. D. C. (William D. Ruckelshaus, Asst. Atty. Gen., Louis C. Bechtle, U. S. Atty., Robert V. Zener, Atty., Dept. of Justice, Washington, D. C., on the brief) for the United States.

Benjamin F. Stahl, Jr., Philadelphia, Pa. (Clark, Ladner, Fortenbaugh & Young, Philadelphia, Pa., on the brief) for George M. Brewster & Son, Inc.

Lynn L. Detweiler, Philadelphia, Pa. (Swartz, Campbell & Detweiler, Philadelphia, Pa., on the brief) for Berks Steel Service, Inc.

John R. McConnell, Philadelphia, Pa. (Fred F. Fielding, Philadelphia, Pa., on the brief) for Robert A. Fisher.

Before HASTIE, Chief Judge, and STALEY and GIBBONS, Circuit Judges.


OPINION OF THE COURT

STALEY, Circuit Judge.

Robert A. Fisher brought this action to recover for injuries he sustained while working on a flood control dam near Renovo, Pennsylvania. The dam was being constructed on land owned by the United States of America and was commonly known as the Kettle Creek Dam Project.1 The Government had engaged George M. Brewster & Son, Inc. ("Brewster...

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