USAIR INC. v. U.S. DEPT. OF NAVY

No. 92-55776.

14 F.3d 1410 (1994)

USAIR INC., Successor by merger to Pacific Southwest Airlines, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF the NAVY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 25, 1994.


Attorney(s) appearing for the Case

Anthony G. Marriott, Kern and Wooley, Los Angeles, CA, for plaintiff-appellant.

Mark R. Dawson, Asst. U.S. Atty., San Diego, CA, for defendant-appellee.

Before: HUG, SCHROEDER, and BOOCHEVER, Circuit Judges.


BOOCHEVER, Circuit Judge:

A Navy employee's briefcase fell from an airplane's overhead storage compartment when a flight attendant opened it, hitting a passenger on the head. The passenger sued USAir in state court and recovered. USAir now appeals from a district court decision denying it indemnity and/or contribution under the Federal Tort Claims Act against the United States Department of the Navy.

FACTS AND PROCEDURAL BACKGROUND

On October 26...

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