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BUSH v. EAGLE-PICHER INDUSTRIES, INC.

No. 89-15329.

927 F.2d 445 (1991)

Palmroy P.K. BUSH, et al., Plaintiff, v. EAGLE-PICHER INDUSTRIES, INC., Defendant-Third-Party-Plaintiff-Appellee, v. UNITED STATES of America, Third-Party-Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 28, 1991.

Attorney(s) appearing for the Case

David S. Fishback, Asst. Director, Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for third-party-defendant-appellant.

Joe G. Hollingsworth, Paul G. Gaston, Spriggs & Hollingsworth, Washington, D.C., for defendant-third-party-plaintiff-appellee.

Sidney S. Rosdeitcher, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, Paul A. Zevnik, Kaye, Scholer, Fierman, Hays & Handler, Washington, D.C., for amicus.

Before FARRIS, BEEZER and KOZINSKI, Circuit Judges.

KOZINSKI, Circuit Judge:

The Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b), §§ 2671-2680 (1982), waives to a large extent the United States' sovereign immunity from tort liability. The Federal Employees' Compensation Act (FECA), 5 U.S.C. §§ 8101-8193 (1982), the workers' compensation scheme for federal employees, appears to contradict the FTCA, at least in part, by providing that a federal employee may not bring a tort suit against the...

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