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OWEN v. UNITED STATES

Nos. 82-4227, 82-4246.

713 F.2d 1461 (1983)

Barbara M. OWEN and Natalie S. Owen, By and Through their Guardian ad Litem, Vallerie OWEN, and Vallerie Owen, individually, Plaintiffs, v. The UNITED STATES of America, Defendant/Third-Party Plaintiff/Appellant and Cross-Appellee, v. BRUCE CHURCH, INC., Third-Party Defendant/Counterclaimant/Appellee and Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 26, 1983.

Attorney(s) appearing for the Case

Gary W. Allen, Washington, D.C., for United States.

Ralph J. LaMontagne, Jr., Kern, Wooley & Maloney, Los Angeles, Cal., for Owen.

Before MERRILL, CHOY and ALARCON, Circuit Judges.

CHOY, Circuit Judge:

After settling a claim brought under the Federal Tort Claims Act, the United States sought partial indemnity from joint tortfeasor Bruce Church, Inc. ("BCI"), an agricultural firm. The claim for indemnity was dismissed by the district court on the ground that under California law, BCI's subsequent settlement with the original tort plaintiff precluded the United States from any indemnity. The Government appeals the dismissal of its indemnity suit...

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