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COCKRELL v. U.S.

Nos. 97 CV 0281-B AJB, 97 CV 0350-B AJB.

101 F.Supp.2d 1291 (1999)

Peggy COCKRELL and the Estate of Gary Cockrell, Plaintiffs, v. UNITED STATES of America, Defendant. Newell Netsch, Elizabeth Netsch, and the Estate of Lisa Netsch, Plaintiffs, v. United States of America, Defendant.

United States District Court, S.D. California.

April 19, 1999.

Attorney(s) appearing for the Case

Don Alan Ernst (Cockrells), San Luis Obispo, CA, Edward E. Hawkins, San Luis Obispo, CA, James P. Tessier (Netsche), Menlo Park, CA, Michael S. Danko, Menlo Park, CA, for plaintiff.

Fernando Campoamor, Washington DC, for defendant.

MEMORANDUM AND DECISION

BREWSTER, Senior District Judge.

I. INTRODUCTION

The separate affirmative defense of special employer immunity of the United States Government ("Government") was bifurcated for separate trial. After a bench trial, and upon review of the trial testimony and exhibits, and of both Plaintiffs' and Defendant's post-trial briefs, the Court decides that the Government was not, at all times material, the special employer of Plaintiffs...

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