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ROONEY v. UNITED STATES

Nos. C-73-0842 WHO, C-74-1815 WHO.

434 F.Supp. 766 (1977)

Dennis ROONEY, Plaintiff, v. UNITED STATES of America, Defendant and Third-Party Plaintiff, v. CONTEL CORPORATION and Information Technology, Inc., a Joint Venture, et al., Third-Party Defendants, Reliance Insurance Company, Plaintiff in Intervention.

United States District Court, N. D. California.

April 27, 1977.

Attorney(s) appearing for the Case

R. Jay Engel, Law Offices of Engel & Warner, San Francisco, Cal., for plaintiff Rooney.

James L. Browning, Jr., U. S. Atty., Richard F. Locke, Asst. U. S. Atty., San Francisco, Cal., for defendant and third-party plaintiff.

Robert L. Hines, Hauerken, St. Clair, Zappettini & Hines, San Francisco, Cal., for third-party defendant Contel Corporation.

James P. Shovlin, Shovlin & Babin, San Francisco, Cal., for third-party defendant Information Technology, Inc.

Roger G. Eliassen, Eliassen, Postel & Mee, San Francisco, Cal., for third-party defendants Contel and Information Technology, a joint venture.

Donald R. Brophy, Hanna, Brophy, MacLean, McAleer & Jensen, San Francisco, Cal., for Reliance Ins. Co.

ORRICK, District Judge.

Plaintiff, Dennis Rooney, brought suit against the United States under the Federal Tort Claims Act (the Act), 28 U.S.C. § 1346(b), for injuries suffered as the result of his fall from a fifty-five foot radar dome (radome) owned by the government and situated on Mount Tamalpais in Mill Valley, Marin County, California. Rooney, nineteen years old at the time of the accident on October 20, 1971, was employed as a member of a crew which, pursuant...

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