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DONHAM v. UNITED STATES

No. 75-1516.

536 F.2d 765 (1976)

John C. DONHAM, Plaintiff, v. UNITED STATES of America et al., Defendants. STENCEL AERO ENGINEERING CORP., Cross-Plaintiff-Appellant, v. UNITED STATES of America, Cross-Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 4, 1976.

Attorney(s) appearing for the Case

Thomas J. Whalen, Condon & Forsyth, New York City, for appellant; Stephen R. Stegich, III, New York City, William A. Richter and Arthur L. Smith, Peper, Martin, Jensen, Maichel & Hetlage, St. Louis, Mo., on brief.

Thomas S. Martin, Atty., Civil Div., U. S. Dept. of Justice, Washington, D. C., for appellee; Rex E. Lee, Asst. Atty. Gen., Jefferson City, Mo., Donald J. Stohr, U. S. Atty. (Barry A. Short, U. S. Atty., effective May 15, 1976), St. Louis, Mo., and William Kanter, Atty., Dept. of Justice, Washington, D. C., on brief.

Before GIBSON, Chief Judge, BRIGHT, Circuit Judge, and VAN PELT, Senior District Judge.

BRIGHT, Circuit Judge.

This appeal presents an important issue under the Federal Tort Claims Act (FTCA): whether the United States which is immune to liability for its negligent conduct producing injury and damages to an on-duty serviceman may, nevertheless, be obligated indirectly to pay the amount of such damages through a claim for tort indemnity asserted by a third party who becomes liable for tort damages to that serviceman. We answer that issue in the negative...

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