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GALIMI v. JETCO, INC.

No. 601, Docket 74-2425.

514 F.2d 949 (1975)

Salvatore A. GALIMI, Plaintiff, v. JETCO, INC., Defendant-Appellant, and Richard Moore, Defendant. JETCO, INC., Third-Party Plaintiff-Appellant, v. James HODGES, Third-Party Defendant, and United States of America, Third-Party Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 31, 1975.

Attorney(s) appearing for the Case

Lester E. Fetell, Brooklyn, N. Y. (John J. Langan and Sergi & Fetell, Brooklyn, N. Y., of counsel), for third-party plaintiff-appellant.

Douglas J. Kramer, Asst. U. S. Atty., E. D. N. Y. (David G. Trager, U. S. Atty., and Paul B. Bergman, Asst. U. S. Atty., E. D. N. Y., of counsel), for third-party defendant-appellee.

Before MEDINA, OAKES and GURFEIN, Circuit Judges.

GURFEIN, Circuit Judge:

This case presents one of those recurring puzzling situations where a federal statute has met differing interpretations in several circuits on a question that requires legislative resolution but which the Congress has, nevertheless, not yet addressed. The statute involved is Section 7(b) of the Federal Employees Compensation Act (FECA), 5 U.S.C. § 8116(c), the so-called exclusive remedy provision...

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