Ronald E. Nielsen v. George Diamond Vogel Paint Company, and United Coatings, Inc.

SCHROEDER, Circuit Judge:

I. INTRODUCTION

This is a diversity action brought by Ronald Nielsen, a former civilian employee of the United States government’s Army Corps of Engineers. Nielsen’s job for many years was to paint a dam in Idaho. Nielsen sued the manufacturers of paint which he used in the course of his job, alleging that it led to permanent brain damage. The district court granted summary judgment in favor of the defendants, agreeing that any defects in the design of the paint and in warnings on its use were attributable to government specifications, and that under Idaho law the…