CAMPBELL v. UNITED STATES

No. 72-1207.

493 F.2d 1000 (1974)

George CAMPBELL, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

February 14, 1974.


Attorney(s) appearing for the Case

R. M. Holt (argued), Cushman, Thomas & Holt, Issaquah, Wash., for plaintiff-appellant.

Thomas P. Giere, Asst. U. S. Atty. (argued), Stan Pitkin, U. S. Atty., for the United States.

Robert P. Piper, Seattle, Wash., for Eagle Construction.

Before CHAMBERS and KOELSCH, Circuit Judges, and BURNS, District Judge.


BURNS, District Judge.

Plaintiff brought this action under the Federal Tort Claims Act, 28 U.S.C. § 1346, for injuries sustained on a job being performed by his employer under contract with the Army Corps of Engineers. At the trial, the District Judge ruled against plaintiff on the basis that the Government owed him no duty under the circumstances of this case. Plaintiff appeals. We affirm.

The Army Engineers contracted with Eagle Construction Company...

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