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J.S. ALBERICI CONST. CO., INC. v. U.S.

No. 94-3924.

64 F.3d 430 (1995)

J.S. ALBERICI CONSTRUCTION COMPANY, INC., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 30, 1995.

Attorney(s) appearing for the Case

Donald L. O'Keefe, St. Louis, MO, argued (Richard J. Zalasky, on the brief), for appellant.

Henry J. Fredericks, Asst. U.S. Atty., St. Louis, MO, argued, for appellee.

Before BOWMAN, Circuit Judge; HEANEY, Senior Circuit Judge; and MORRIS SHEPPARD ARNOLD, Circuit Judge.

HEANEY, Senior Circuit Judge.

J.S. Alberici Construction Company, Inc., (Alberici) commenced an action against the United States seeking contribution for settlement payments it made to two injured employees of one of its subcontractors. The district court granted summary judgment in favor of the United States. The court found that the United States did not act tortiously and that, even if it had, Alberici's claim was barred by the discretionary function exception...

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