LEWIS v. UNITED STATES

No. 80-4515.

680 F.2d 68 (1982)

John E. LEWIS and Roseanne M. Lewis, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 22, 1982.


Attorney(s) appearing for the Case

Robert E. Rose, Cochran & Rose, Las Vegas, Nev., for plaintiffs-appellants.

Mark S. Feldheim, Washington, D.C., for defendant-appellee.

Before ANDERSON, TANG and BOOCHEVER, Circuit Judges.


BOOCHEVER, Circuit Judge:

The issue presented is whether the Government adequately demonstrated that it was a "principal contractor," and therefore immune from ordinary tort liability under Nevada law, to warrant summary judgment. Because we find that there are genuine issues of fact regarding the amount of control the Government had on the job-site in question, we reverse and remand.

FACTS

The district court set forth the facts underlying this case...

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