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CHARLES v. U.S.

No. 92-3651.

7 F.3d 78 (1993)

Jerry CHARLES, Sr., et al., Plaintiffs, Jerry Charles, Sr., Plaintiff-Appellant, and McDermott, Inc., Intervenor-Appellant, v. UNITED STATES of America, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 15, 1993.

Attorney(s) appearing for the Case

Jerry L. Hermann, Brian J. Marceaux, Houma, LA, for plaintiff-appellant.

J. Louis Gibbens, Gibbens & Blackwell, New Iberia, LA, for intervenor-appellant.

Thomas Landers Watson, Asst. U.S. Atty., Harry A. Rosenberg, U.S. Atty., New Orleans, LA, for defendants-appellees.

Before KING and EMILIO M. GARZA, Circuit Judges, and COBB, District Judge.

EMILIO M. GARZA, Circuit Judge:

The plaintiff, Jerry Charles, Sr., worked on a painting and sandblasting crew, constructing a ship for the United States Navy. Charles sued the United States under the Federal Tort Claims Act ("FTCA"), see 28 U.S.C. § 1346(b) (1988), for injuries he suffered in the course of his employment. The district court granted summary judgment in favor of the government, see Fed.R.Civ.P. 56, on the grounds that the government...

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