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McGARRY v. UNITED STATES

Nos. 74-1503, 74-1504.

549 F.2d 587 (1976)

Harriet McGARRY, Individually, and as guardian ad litem of Dennis McGarry, a minor, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant. Patricia McGarry SCHELL, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied March 21, 1977.

Attorney(s) appearing for the Case

Thomas G. Wilson, Atty. (argued), of Dept. of Justice, Washington, D. C., for defendant-appellant.

John Squire Drendel (argued), of Bradley & Drendel, Ltd., Reno, Nev., for plaintiffs-appellees.

Before MERRILL and KENNEDY, Circuit Judges, and BURNS, District Judge.

Rehearing and Rehearing En Banc Denied March 21, 1977.

MERRILL, Circuit Judge:

The United States appeals from adverse judgments under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671 et seq., granting to the surviving wife and children damages for the wrongful death of an employee of an independent contractor which occurred December 10, 1969.

For use by the Atomic Energy Commission (AEC) the United States has withdrawn from the...

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