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REGAN v. STARCRAFT MARINE, LLC

No. 07-30382.

524 F.3d 627 (2008)

Daniel J. REGAN; Francis Elwood Regan, Jr., Plaintiffs-Appellees, v. STARCRAFT MARINE, LLC, Defendant-Third party Plaintiff-Appellant, v. United States of America, on behalf of United States Department of Army, Third party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 10, 2008.

Attorney(s) appearing for the Case

John W. deGravelles, deGravelles, Palmintier, Holthaus & Frugé, Baton Rouge, LA, for Plaintiffs-Appellees.

Cathynn H. Cannon (argued), E. Stratton Horres, Jr., Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, Dallas, TX, Francis P. Manchisi (argued), Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, White Plains, NY, for Starcraft Marine, LLC.

Lowell V. Sturgill, Jr. (argued), Robert S. Greenspan, U.S. Dept. of Justice, Civ. Div., Washington, DC, Jennifer Bailey Drago, LAfayette, LA, for U.S.

Before KING, DeMOSS and SOUTHWICK, Circuit Judges.

SOUTHWICK, Circuit Judge:

A boat manufacturer, which is the defendant in a personal injury suit, appeals the district court's dismissal of its third-party complaint against the United States. This defendant sought indemnity on the basis of alleged negligence by an Army recreational facility, which owned the boat and rented it to an off-duty soldier. The manufacturer argues that jurisdiction exists because the service member who was injured on the boat was not engaged...

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