Legal Opinion · Dissent

Corrigan v. United States

Court of Appeals for the Fourth Circuit

Decided April 2, 1987No. Nos. 85-1868, 85-1872Published

1DissentMurnaghan, Circuit Judge

The fact that Patterson was an enlisted man, an employee of a particular sort, subject to the authority of the Army, sharply differentiates the present case from the ordinary dram shop scenario. Therefore, I dissent from the majority’s conclusion that Williamson v. The Old Brogue is disposi-tive in the present circumstances.1 Rather, I would remand for development of the facts as to the extent of the Army’s control over Patterson and consideration of the legal implications of that control.

As things have developed in the history of the law, it is customary that, for a superior (the employer)…

2Cases cited37 opinions

  1. Feres v. United StatesSupreme Court of the United States · 1950
  2. Indian Towing Co. v. United StatesSupreme Court of the United States · 1955
  3. Rayonier Inc. v. United StatesSupreme Court of the United States · 1957
  4. Otis Engineering Corp. v. ClarkTexas Supreme Court · 1983
  5. Kelly v. GwinnellSupreme Court of New Jersey · 1984

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