CALDER v. CRALL

Nos. 83-3744, 83-3782.

726 F.2d 598 (1984)

Doris M. CALDER, Plaintiff-Appellee, v. Max D. CRALL and Sgt. Terry L. Earl, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided February 24, 1984.


Attorney(s) appearing for the Case

Larry Kuznetz, Powell & Morris, Spokane, Wash., for plaintiff-appellee.

Dennis W. Clayton, Spokane, Wash., Jenny A. Sternbach, Barbara L. Herwig, Washington, D.C., for defendants-appellants.

Before WRIGHT, TANG and ALARCON, Circuit Judges.


ALARCON, Circuit Judge:

Max D. Crall (Crall) and Sgt. Terry L. Earl (Earl) appeal a judgment awarding personal injury damages to Doris M. Calder (Calder). We reverse the judgment, because we find that Calder's action is barred by the exclusivity provision of the Longshoremen's and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. § 933(i).

FACTS

On March 27, 1975, at the time of the injury, Calder was employed by the Army and Air Force Exchange...

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