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MERKLIN v. UNITED STATES

No. 85-5079.

788 F.2d 172 (1986)

William MERKLIN, Appellant, v. UNITED STATES of America.

United States Court of Appeals, Third Circuit.

Decided April 15, 1986.

As Amended May 14, 1986.

Attorney(s) appearing for the Case

Allan Kanner (argued), Allan Kanner & Associates, Philadelphia, Pa., Raymond P. Vivino, Vivino & Rocco, Wayne, N.J., for appellant.

Robert C. Longstreth (argued), M. Faith Burton, Washington, D.C., Richard K. Willard, Acting Asst. Atty. Gen., W. Hunt Dumont, U.S. Atty., Jeffrey Axelrad, Director, Torts Branch, for appellee.

Before HUNTER, MANSMANN, Circuit Judges, POLLAK, District Judge

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

Appellant William Merklin filed this action under the Federal Torts Claims Act ("FTCA" or "Act"), 28 U.S.C. §§ 1346(b), 2671-2680 (1982), seeking compensation for the injuries he allegedly sustained as a result of his work with radioactive materials in a plant retained and regulated by the Atomic Energy Commission ("AEC"). Because we hold that the district court prematurely granted judgment...

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