Willie Mae Toole, Deceased, and Clyde Toole, Administrator of Estate, and Clyde Toole, in His Own Right v. United States

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal presents a difficult question concerning the liability of the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-80 (1976), for the death of an employee of an independent contractor engaged in the manufacture of antitank explosives for the United States Army.

I

Willie Mae Toole worked at the Philadelphia munitions plant of Action Manufacturing Company (“Action” or “Company”). She was engaged in the manufacture of the “fuze rocket,” an antitank explosive that Action made for the United States Army. Specifically, her…