Usair Inc., Successor by Merger to Pacific Southwest Airlines v. United States Department of the Navy

BOOCHEVER, Circuit Judge:

A Navy employee’s briefcase fell from an airplane’s overhead storage compartment when a flight attendant opened it, hitting a passenger on the head. The passenger sued USAir in state court and recovered. USAir now • appeals from a district court decision denying it indemnity and/or contribution under the Federal Tort Claims Act against the United States Department of the Navy.

FACTS AND PROCEDURAL BACKGROUND

On October 26,1984, in San Diego, California, Stephen Zodrow, a civilian employee of the Department of the Navy, boarded Pacific Southwest Airlines (“PSA”) Flight…