Kirchmann v. United States

MORRIS SHEPPARD ARNOLD, Circuit Judge.

John Kirchmann and his family appeal an order dismissing their lawsuit against the federal government under the Federal Tort Claims Act. The trial court held that the action was barred by either the independent contractor exception, the discretionary function exception, or both. We affirm the trial court.1

I

In 1959, the Air Force decided to build an Atlas missile facility near Mead, Nebraska^ adjacent to the Kirchmanns’ farm. General Dynamics was the contractor; H.K. Ferguson was the main subcontractor for mechanical and electrical work. In constructing…