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PENDLEY v. U.S.

No. 87-3148.

856 F.2d 699 (1988)

William Perry PENDLEY, Administrator of the Estate of Leon H. Cassutt, Deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee, and United States Department of Defense; United States Air Force; United States Strategic Defense Initiative Organization; Edwin Meese, Attorney General of the United States, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided September 19, 1988.

Rehearing and Rehearing Denied October 14, 1988.

Attorney(s) appearing for the Case

Stephen W. Comiskey (Comiskey & Hunt, Fairfax, Va., on brief), for plaintiff-appellant.

Joanne I. Schwartz, Torts Branch, Civil Div. (Richard K. Willard, Asst. Atty. Gen., Civil Div., Washington, D.C., Henry E. Hudson, U.S. Atty., Alexandria, Va., Jeffrey Axelrad, Director, Torts Branch, Civil Div., U.S. Dept. of Justice, Washington, D.C., on brief), for defendant-appellee.

Before WIDENER and SPROUSE, Circuit Judges, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.

Rehearing and Rehearing En Banc Denied October 14, 1988.

WIDENER, Circuit Judge:

William Perry Pendley, the administrator of the estate of Leon H. Cassutt, brought this wrongful death action under the Federal Tort Claims Act against the United States. The district court dismissed the case on the ground that the United States was Cassutt's statutory employer under the Virginia Worker's Compensation statute which is an exclusive remedy and deprives the court...

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