Glenda Lathers v. Penguin Industries, Inc. v. United States

JOHNSON, Circuit Judge:

Suit was filed by several plaintiffs alleging damages for personal injuries and wrongful death against Penguin Industries, Inc. (Penguin) and the United States. Penguin filed a cross-action against the United States for contribution. A federal district court, on December 17,1980, granted plaintiff’s motion for partial summary judgment, holding that state court proceedings had determined the issue of Penguin’s liability and, therefore, collateral estoppel was appropriate. The state court, however, did not have jurisdiction over claims based upon the Federal Tort Claims…