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STANLEY v. UNITED STATES

Nos. 72-1354, 72-1355.

476 F.2d 606 (1973)

Bernice M. STANLEY, etc., Plaintiff-Appellee, v. UNITED STATES of America et al., Appellees. Appeal of MIDWEST CONSTRUCTION CO., INC., First Third-Party Defendant and Second Third-Party Plaintiff. Bernice M. STANLEY, etc., Plaintiff-Appellee, v. UNITED STATES of America et al. Appellants.

United States Court of Appeals, First Circuit.

Decided April 13, 1973.

Attorney(s) appearing for the Case

John W. Ballou, Bangor, Me., with whom Mitchell & Ballou, Bangor, Me., was on brief, for Midwest Construction Co., Inc.

Ronald R. Glancz, Atty., Department of Justice, with whom Harlington Wood, Jr., Asst. Atty. Gen., Peter Mills, U. S. Atty., and Morton Hollander, Atty., Department of Justice, were on brief, for United States.

Thomas Schulten, Portland, Me., with whom Perkins, Thompson, Hinckley, Thaxter & Keddy, Portland, Me., were on brief, for Bernice M. Stanley.

Before ALDRICH, McENTEE and CAMPBELL, Circuit Judges.

ALDRICH, Senior Circuit Judge.

Plaintiff's intestate, Stanley, was killed when he fell from a platform inside a Navy antenna tower. Stanley was an employee of a subcontractor of Midwest Construction Co., which was engaged in painting a complex of low-frequency radio towers at Cutler, Maine. Plaintiff, barred by the receipt of workmen's compensation from suing Stanley's employer for negligence, brought suit against the government, alleging defective design of the tower...

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