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ROONEY v. UNITED STATES

No. 77-4028.

634 F.2d 1238 (1980)

Dennis ROONEY, Plaintiff-Appellee, Reliance Insurance Co., Plaintiff-In-Intervention-Appellee, v. UNITED STATES of America, Defendant & Third-Party Plaintiff-Appellant, v. CONTEL CORP. et al., Third-Party Defendants.

United States Court of Appeals, Ninth Circuit.

Decided December 31, 1980.

Attorney(s) appearing for the Case

Michael J. Singer, Dept. of Justice, Washington, D.C., for defendant and third-party plaintiff-appellant.

R. Jay Engel, San Francisco, Cal., for plaintiff-appellee.

Before ELY, TRASK and CHOY, Circuit Judges.

CHOY, Circuit Judge:

The Government appeals from a judgment entered under the Federal Tort Claims Act (FTCA). The judgment awarded damages to Rooney for injuries sustained when he fell from a radar dome. We affirm.

I. Facts

The United States contracted with a joint venture for it to paint and to maintain various radar domes (radomes). The contract contained numerous provisions regarding safety and allocation of responsibility. Under the terms...

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