Phyllis M. Nelson, Etc., and Cross-Appellant v. United States of America, and Cross-Appellee v. Duncanson-Harrelson Co., Third Party

KENNEDY, Circuit Judge:

The principal question in this admiralty case is whether or not the Government owes a duty of care to the employees of an independent contractor which has been engaged by the Government to perform hazardous maritime work.

Appellee Phyllis M. Nelson sued the United States under the Suits in Admiralty Act, 46 U.S.C. §§ 741-752 (1976), and pursuant to 28 U.S.C. §§ 1333(1) (1976) for negligence which, she alleged, caused the death of her husband while he was working on a government contracted job. Mrs. Nelson and Duncanson-Harrelson, her decedent’s employer, had earlier…