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TUCSON AIRPORT AUTHORITY v. GENERAL DYNAMICS CORP.

No. 97-15052.

136 F.3d 641 (1998)

TUCSON AIRPORT AUTHORITY, and; City of Tucson, Plaintiffs, v. GENERAL DYNAMICS CORPORATION, a Delaware Corporation, Defendant. GENERAL DYNAMICS CORPORATION, Third-party-plaintiff-Appellant, v. William PERRY, Secretary of Defense; Sheila E. Widnall, Secretary of the Air Force; United States of America, Third-party-defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 12, 1998.

Attorney(s) appearing for the Case

Herbert L. Fenster, McKenna & Cuneo, Denver, CO, for third-party-plaintiff-appellant.

Paul Yanowitch, Assistant United States Attorney, Washington, DC, for third-party-defendants-appellees.

Before: ALDISERT, D.W. NELSON and TASHIMA, Circuit Judges.

ALDISERT, Circuit Judge:

This appeal by General Dynamics from the dismissal, for want of subject matter jurisdiction, of its third-party complaint against the United States, the Secretary of Defense and the Secretary of the Air Force requires us to examine fundamental precepts of federal sovereign immunity.

A complaint filed by the Tucson Airport Authority ("TAA") sought an order requiring General Dynamics to contribute to the costs of investigation and remediation...

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