TOOLE v. UNITED STATES

No. 78-1168.

588 F.2d 403 (1978)

Willie Mae TOOLE, Deceased, and Clyde Toole, Administrator of Estate, and Clyde Toole, in his own right, Appellant, v. UNITED STATES of America.

United States Court of Appeals, Third Circuit.

Decided December 4, 1978.


Attorney(s) appearing for the Case

Louis Samuel Fine, Fine, Staud & Grossman, Philadelphia, Pa., for appellant.

Robert N. deLuca, U. S. Atty., Walter S. Batty, Jr., Asst. U. S. Atty., Chief, App. Section, Alfred A. Gollatz, Asst. U. S. Atty., Philadelphia, Pa., for appellee.

Before SEITZ, Chief Judge, and ADAMS and ROSENN, Circuit Judges.


OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal presents a difficult question concerning the liability of the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-80 (1976), for the death of an employee of an independent contractor engaged in the manufacture of antitank explosives for the United States Army.

I.

Willie Mae Toole worked at the Philadelphia munitions plant of Action Manufacturing Company...

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