FORTNEY v. U.S.

No. 89-3277.

912 F.2d 722 (1990)

Mark Lynn FORTNEY; Esley Douglas Tipton; Mary E. Tipton; Daniel Webster Harmon; Mary Jane Harmon, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. ENVIROTECH CORPORATION; American Air Filter Company, Inc.; Anacon Corp.; Southeastern Sprinkler Company, Inc.; Grinnell Fire Protection Systems Co., Inc.; American District Telegraph Co.; Milton Roy Company; Tate Engineering, Inc.; Rexnord, Inc.; Drexel Brook Engineering Co.; Rubbermaid Commercial Prod., Inc.; Unijax, Inc.; E.I. Pfaff Co., Inc.; Simons Eastern Co.; C.P. Roberts Engineering, Inc.; Yeargin Construction Co., Inc.; Shell Oil Company; Devon Chemicals, Inc.; Publiker Industries, Inc.; Buckeye Cellulose Corp.; Sybron Corp.; Carter and Crawley, Inc., Defendants, v. HERCULES, INCORPORATED, Third Party Defendant.

United States Court of Appeals, Fourth Circuit.

Decided August 30, 1990.


Attorney(s) appearing for the Case

Charles Stein Siegel, argued (Brian D. Weinstein, on brief), Baron & Budd, P.C., Dallas, Tex., for appellants.

William George Cole, U.S. Dept. of Justice, Washington, D.C. (Stuart E. Schiffer, Acting Asst. Atty. Gen., Robert S. Greenspan, U.S. Dept. of Justice, Washington, D.C., John Perry Alderman, U.S. Atty., Roanoke, Va., on brief), for appellee.

Before ERVIN, Chief Judge, and RUSSELL and CHAPMAN, Circuit Judges.


DONALD RUSSELL, Circuit Judge:

On May 6, 1981, there was an explosion at the Radford Army Ammunition Plant ("RAAP"). This plant is owned by the U.S. Army and operated by Hercules, Inc., pursuant to a cost-plus contract. The explosion severely burned several workers, who required hospitalization. Four of the injured individuals brought this suit against the United States under the Federal Tort Claims Act ("FTCA"). This suit was dismissed by the district court, and...

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