William Merklin v. United States

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

Appellant William Merklin filed this action under the Federal Torts Claims Act (“FTCA” or “Act”), 28 U.S.C. §§ 1346(b), 2671-2680 (1982), seeking compensation for the injuries he allegedly sustained as a result of his work with radioactive materials in a plant retained and regulated by the Atomic Energy Commission (“AEC”). Because we hold that the district court prematurely granted judgment in favor of the United States on one of Merklin’s claims, we reverse and remand.

I

Between 1953-59 and 1962-71, Merklin was employed by Rare Earths, Inc.…