DEYERLE v. U.S.

Nos. 97-2139, 97-2223.

149 F.3d 314 (1998)

Charles W. DEYERLE, Jr., Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant. Charles W. DEYERLE, Jr., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 17, 1998.


Attorney(s) appearing for the Case

ARGUED: David Vernon Hutchinson, Assistant Director, Admiralty Section, Torts Branch, Civil Division, United States Department of Justice, Washington, DC, for Appellant. Melvin J. Radin, Norfolk, Virginia, for Appellee. ON BRIEF: Frank W. Hunger, Assistant Attorney General, Helen F. Fahey, United States Attorney, George M. Kelley, III, Assistant United States Attorney, Joseph C. Misenti, Jr., Trial Attorney, Torts Branch, Civil Division, United States Department of Justice, Washington, DC, for Appellant.

Before ERVIN and LUTTIG, Circuit Judges, and BUTZNER, Senior Circuit Judge.


Reversed by published opinion. Judge LUTTIG wrote the opinion, in which Judge ERVIN and Senior Judge BUTZNER joined.

OPINION

LUTTIG, Circuit Judge:

The United States, as shipowner, hired an independent contractor — Xeno Technix — to make repairs and alterations to the computer room of the USS Saipan, which was in drydock at the Norfolk Naval Shipyard for repair. J.A. at 32. As part of its contract with the United States, Xeno was to...

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