Legal Opinion
Donham v. United States
Court of Appeals for the Eighth Circuit
Decided June 4, 1976No. 75-1516PublishedCited by 21 opinions
1Opinion of the Court
BRIGHT, Circuit Judge.
This appeal presents an important issue under the Federal Tort Claims Act (FTCA): whether the United States which is immune to liability for its negligent conduct producing injury and damages to an on-duty serviceman may, nevertheless, be obligated indirectly to pay the amount of such damages through a claim for tort indemnity asserted by a third party who becomes liable for tort damages to that serviceman. We answer that issue in the negative.
Captain John C. Donham, an Air Force Reserve pilot assigned for training to the Missouri Air National Guard, while flying over…
2Cases cited41 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Feres v. United StatesSupreme Court of the United States · 1950
- Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp.Supreme Court of the United States · 1956
- Clearfield Trust Co. v. United StatesSupreme Court of the United States · 1943
- United States v. Reliable Transfer Co.Supreme Court of the United States · 1975
36 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- United States v. Applied Pharmacy Consultants, Inc., and Charles ShusterCourt of Appeals for the Eighth Circuit · 1999
- Stifel, Nicolaus & Co. v. Dain, Kalman & Quail, Inc.Court of Appeals for the Eighth Circuit · 1978
- Hillier v. Southern Towing Co.Court of Appeals for the Seventh Circuit · 1983
- In Re "Agent Orange" Product Liability Litigation. The Dow Chemical CompanyCourt of Appeals for the Second Circuit · 1987
- Sangeminio Ex Rel. Sangeminio v. ZuckerbergDistrict Court, E.D. New York · 1978
16 more not listed; retrieve them via the Exa API.