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McCALL v. U.S. DEPT. OF ENERGY

No. 89-35385.

914 F.2d 191 (1990)

Kelly McCALL, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF ENERGY THROUGH BONNEVILLE POWER ADMINISTRATION, Defendant-Third-Party-Plaintiff-Appellee, v. IRBY CONSTRUCTION COMPANY, INC., Third-Party-Defendant.

United States Court of Appeals, Ninth Circuit.

Decided September 17, 1990.

Attorney(s) appearing for the Case

John M. Morrison, Morrison Law Offices, Helena, Mont., for plaintiff-appellant.

Kris A. McLean, Asst. U.S. Atty., Helena, Mont., for defendant-third-party-plaintiff-appellee.

William E. Jones, Garlington Law Firm, Missoula, Mont., for third-party-defendant.

Before SCHROEDER, NORRIS and WIGGINS, Circuit Judges.

SCHROEDER, Circuit Judge:

Appellant Kelly McCall, an employee of an independent contractor, seriously injured himself while working on a construction project for the Bonneville Power Administration, an Agency of the United States of America. McCall brought suit against the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-80 (1988). The district court granted the United States' motion for summary judgment against McCall. McCall...

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