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TOTTEN v. UNITED STATES

No. 85-5921.

806 F.2d 698 (1986)

Dorothy J. TOTTEN, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 9, 1986.

Attorney(s) appearing for the Case

J.D. Lee, Knoxville, Tenn., Betty Phillips (argued), for plaintiff-appellant.

Charles S. Siegel, Baron & Budd, Dallas, Tex., for amicus, Daniel Harmon, Esley Douglas Tipton and Mark Fortney.

Joanne I. Schwartz (argued), Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for defendant-appellee.

Before KEITH and NELSON, Circuit Judges, and CONTIE, Senior Circuit Judge.

DAVID A. NELSON, Circuit Judge.

This is an appeal from a summary judgment in favor of the United States in an action brought under the Federal Tort Claims Act. We shall affirm the judgment.

In 1978 the United States Air Force contracted with Aerojet Strategic Propulsion Co. to design, fabricate, and manufacture a booster motor for the MX2 missile. Under the terms of the contract Aerojet assumed responsibility for the safety of its employees and for their day...

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