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DISCHNER v. U.S.

No. 87-3805.

866 F.2d 293 (1989)

Wanda T. Loftis DISCHNER, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Third-Party-Plaintiff-Appellee, v. IRBY CONSTRUCTION COMPANY, INC., Third-Party Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 20, 1989.

Attorney(s) appearing for the Case

Michael J. McKeon, Anaconda, Montana, for plaintiff-appellant.

Robert J. Brooks, Asst. U.S. Atty., Butte, Montana, for defendant and third party plaintiff-appellee.

Frank B. Morrison, Helena, Montana, for amicus.

Before BROWNING, NORRIS and O'SCANNLAIN, Circuit Judges.

PER CURIAM:

Wanda Dischner, an employee of Irby Construction Company, an independent contractor hired by the Bonneville Power Administration to construct a power transmission line, filed suit under the Federal Tort Claims Act (FTCA) alleging she was injured when a heavy metal leg of a transmission line tower she was attempting to lift fell and struck her. She contended the tower leg should have been moved by a crane. The contract between the BPA and Irby allowed the...

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