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UNIVERSITY OF ROCHESTER v. HARTMAN

Nos. 135, 136 and 296, Dockets 78-4093, 78-4106 and 79-4098.

618 F.2d 170 (1980)

UNIVERSITY OF ROCHESTER, Petitioner, v. Ralph M. HARTMAN, Director, Office of Workers' Compensation Programs, United States Department of Labor; Helen S. Vishniac; Ethan Vishniac; and Ephriam Vishniac, Respondents. NATIONAL AERONAUTICS & SPACE ADMINISTRATION and National Science Foundation, Petitioners, v. Ralph M. HARTMAN, Director, Office of Workers' Compensation Programs, United States Department of Labor; Helen S. Vishniac; Ethan Vishniac; and Ephriam Vishniac, Respondents. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES Department of LABOR, Petitioner, v. UNIVERSITY OF ROCHESTER, Respondent.

United States Court of Appeals, Second Circuit.

Decided February 20, 1980.

Attorney(s) appearing for the Case

Eugene D. Ulterino, Rochester, N. Y. (Nixon, Hargrave, Devans & Doyle, David A. Stern, Buffalo, N. Y., of counsel), for petitioner, University of Rochester.

Joshua T. Gillelan, II, Atty., U. S. Dept. of Labor, Washington, D. C. (Carin Ann Clauss, Sol. of Labor, Laurie M. Streeter, Associate Sol., Washington, D. C., of counsel), for the Director, Office of Workers' Compensation Programs, respondent.

David D. MacKnight, Rochester, N. Y. (Lacy, Katzen, Jones & Ryen, Rochester, N. Y., of counsel), for respondents Helen S. Vishniac, Ethan Vishniac and Ephriam Vishniac.

Freddi Lipstein, Atty., Dept. of Justice, Washington, D. C. (Stuart E. Schiffer, Acting Asst. Atty. Gen., William Kanter, Atty. App. Staff, Civil Div., Washington, D. C., of counsel), for petitioners National Aeronautics and Space Administration and National Science Foundation.

Sheldon Elliot Steinbach, American Council on Ed., Washington, D. C., for amicus curiae, American Council on Ed., The Association of American Universities and the National Ass'n of College and University Business Officers.

Before MOORE, OAKES and NEWMAN, Circuit Judges.

MOORE, Circuit Judge:

Over six years ago Professor Wolf V. Vishniac suffered a fatal fall in the Dry Valleys of Antarctica while conducting research. At the time of his death Professor Vishniac was a tenured faculty member at the University of Rochester (University), and a recognized expert in microbiology. He began receiving support for his basic research into the microbial ecology of planetary soils from the National Aeronautical and Space Administration (NASA)...

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