Ruby Dianne HILL and James Hill, Jr., Plaintiffs,
v.
UNITED STATES of America, Defendant-Third-Party Plaintiff-Appellee,
v.
STATE OF TENNESSEE, Third-Party Defendant-Appellant.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
January 13, 1972.
January 13, 1972.
Attorney(s) appearing for the Case
Everett H. Falk, Asst. Atty. Gen., Nashville, Tenn., Milton P. Rice, Deputy Atty. Gen., State of Tennessee, Nashville, Tenn., on brief; David M. Pack, Atty. Gen., State of Tennessee, Nashville, Tenn., of counsel, for appellant.
William Kanter, Department of Justice, Washington, D. C., L. Patrick Gray, III, Asst. Atty. Gen., Alan S. Rosenthal, Atty., Department of Justice, Washington, D. C., Charles H. Anderson, U. S. Atty., Nashville, Tenn., on brief, for appellee.
Before PHILLIPS, Chief Judge, and EDWARDS and PECK, Circuit Judges.
United States Court of Appeals, Sixth Circuit.
PHILLIPS, Chief Judge.
The question presented on this appeal is whether the United States, when liable to an individual plaintiff under the Federal Tort Claims Act, can maintain an action for contribution against the State of Tennessee as third party defendant. The doctrine of sovereign immunity prevails under Tennessee State law. It is undisputed that the State would not have been subject to suit by the original plaintiffs...
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