Albert Roelofs, Jr. v. United States of America, the Travelers Insurance Company, Intervenor

BROWN, Chief Judge:

This interlocutory appeal raises an interesting and novel problem under the Federal Tort Claims Act. 1 The question is whether the Government may invoke a defense available to private employers under the Louisiana Workmen’s Compensation Statute despite the fact that the United States, due to its preeminent sovereign immunity, could not be compelled to comply with the obligations of a private employer under the statute. The District Judge held that to permit the Government to raise the defense envisioned by the statute was the equivalent of the Government subjecting itself…