ARETZ v. UNITED STATES

No. 78-3615.

604 F.2d 417 (1979)

Eleanore Higginbotham ARETZ, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant. Thomas F. ARETZ, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 15, 1979.


Attorney(s) appearing for the Case

Edmund A. Booth, Jr., Asst. U. S. Atty., Augusta, Ga., Neil R. Peterson, Atty., Sp. Litigation, James P. Klapps, Atty., Dept. of Justice Civ. Div., Torts Section, Washington, D. C., for the U.S.

Frank P. Brannen, Perry Brannen, Jr., Savannah, Ga., for plaintiff-appellee.

James H. Ammerman, Marshall, Tex., for intervenors Jean Marie Thomas et al.

Before TUTTLE, GODBOLD and RUBIN, Circuit Judges.


TUTTLE, Circuit Judge:

On February 3, 1971, fire broke out in Building M-132 of the Thiokol Chemical Corporation's Woodbine, Georgia, plant, where Thiokol was manufacturing flares used for nighttime illumination in the Vietnam War. The fire spread quickly and reached a room where loose, intensely flammable, material used in the flares was stored. Building M-132 exploded. Fifty employees were injured, twenty-nine were killed.

Thiokol was manufacturing the flares...

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