JOHNSON v. BECHTEL ASSOCIATES PROFESSIONAL CORP.

Nos. 82-2017, 82-1784, 82-1809, 82-1813, 82-1899, 82-2062, 82-2063, 82-2148, 82-2374, 82-2458, 82-2459, 82-2525, 82-2529, 82-2530, 82-2531 and 83-1003.

717 F.2d 574 (1983)

Paul D. JOHNSON, Appellant, v. BECHTEL ASSOCIATES PROFESSIONAL CORPORATION, D.C., et al. (Three cases). Howard L. EIGHMEY, et al., Appellants, v. BECHTEL CIVIL AND MINERALS, INC., et al. Calvin WALKER, et al., Appellants, v. BECHTEL CIVIL AND MINERALS, INC., et al. John Warren CLANAGAN, Appellant, v. BECHTEL ASSOCIATES PROFESSIONAL CORPORATION, D.C., et al. (Three cases). Calvin WALKER and Rena Walker, Appellants, v. BECHTEL ASSOCIATES PROFESSIONAL CORPORATION, D.C., et al. Howard L. EIGHMEY, et al., Appellants, v. BECHTEL ASSOCIATES PROFESSIONAL CORPORATION, D.C., et al. Stanley WILMES, Appellant, v. BECHTEL ASSOCIATES PROFESSIONAL CORPORATION, D.C., et al. (Two cases). James H. BUCHANAN and Shirley Buchanan, his wife, Appellants, v. BECHTEL ASSOCIATES PROFESSIONAL CORPORATION, D.C., et al. Calvin WALKER, et al., Appellants, v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY. Howard L. EIGHMEY, et al., Appellants, v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, et al. Glenwood WILLIAMS, Appellant, v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY.

United States Court of Appeals, District of Columbia Circuit.

Decided August 19, 1983.

Certiorari Granted January 16, 1984.


Attorney(s) appearing for the Case

Peter J. Vangsnes and William F. Mulroney, Washington, D.C., with whom James M. Hanny and Michelle A. Partiff, Washington, D.C., were on the brief, for appellants. Michael H. Feldman, Washington, D.C., also entered an appearance for appellants.

Gary W. Brown, Washington, D.C., with whom James F. Bromley, James W. Greene, William G. Schaefer and Ronald Flagg, Washington, D.C., were on the brief, for appellees, Bechtel Associates Professional Corporation, et al. Catherine H. Lesica and Elaine L. Johnston, Washington, D.C., also entered appearances for appellees, Bechtel Associates Professional Corporation, et al.

Vincent H. Cohen, Washington, D.C., with whom Robert B. Cave, Washington, D.C., was on the brief, for appellee, Washington Metropolitan Area Transit Authority.

Robert L. Ellis, Edward J. Lopata, J. Joseph Barse, F. Wainwright Barnes, and Laurence T. Scott, Washington, D.C., were on the joint brief of amici curiae, Metro Subway Const. Contractor/Employers.

Before ROBINSON, Chief Judge, WRIGHT, Circuit Judge and MacKINNON, Senior Circuit Judge.


Certiorari Granted January 16, 1984. See 104 S.Ct. 972.

Opinion for the Court filed by Senior Circuit Judge MacKINNON.

MacKINNON, Senior Circuit Judge:

These consolidated appeals1 arise from negligence actions instituted by employees of contractors who performed underground work on the Washington Metropolitan Area Transit subway project (Metro). With the exception of Eighmey who was injured in a construction accident, the...

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