Stephen Dearborn v. Mar Ship Operations, Inc., and Bay Ship Management, Inc.

OPINION

REINHARDT, Circuit Judge:

We must determine on this appeal whether, at the time plaintiff Dearborn was injured, defendant Bay Ship Management, Inc., was acting as an “agent or employee of the United States,” within the meaning of the Suits in Admiralty Act, 46 U.S.C.App. § 745.

The pertinent facts of the case before us can be summarized briefly. Dearborn, a seaman employed by Bay Ship as a wiper aboard the United States Naval Ship KANE, was injured when he slipped and fell down a stairway that led from the deck of the vessel into the engine room. At the time of the injury, the KANE was…