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IN RE McALLISTER TOWING AND TRANSP. CO., INC.

Nos. 04-3938, 04-4109.

432 F.3d 216 (2005)

In re: Petition of MCALLISTER TOWING AND TRANSPORTATION COMPANY, INC., as Owner of the Tugs Iona McAllister and James McAllister McAllister Towing and Transportation Company, Inc., Appellant In re: Petition of McAllister Towing And Transportation Company, Inc., as Owner of the Tugs Iona McAllister and James McAllister Owl International Inc. d/b/a/ Global Associates, Appellant.

United States Court of Appeals, Third Circuit.

December 21, 2005.

Attorney(s) appearing for the Case

Jeffrey S. Moller, Jordana Cooper [Argued], Blank Rome, Philadelphia, PA, for Appellant In Re: McAllister Towing & Transportation Company, Inc.

Raymond T. Letulle [Argued], Cozen & O'Connor, West Conshohocken, PA, for Appellant Global Assoc. Inc.

Stephen G. Flynn [Argued], U.S. Department of Justice, Torts Branch, Civil Division, Washington, D.C., for Appellee United States of America.

Before RENDELL, FUENTES and GARTH, Circuit Judges.

OPINION OF THE COURT

RENDELL, Circuit Judge.

In this case, we consider the impact of the exclusivity provision of the Federal Employees' Compensation Act ("FECA"), 5 U.S.C. § 8116(c), on third-party contribution claims against the federal government. Pursuant to this provision of FECA, a federal employee's recovery against the United States for injuries that he sustains on the job is limited to the fixed benefits to which he is entitled under the statutory...

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