United States Fifth Circuit

In a personal injury suit in which defendant-boat manufacturer filed a third-party complaint against the government seeking indemnity on the basis of alleged negligence by an Army recreational facility, dismissal of the third-party claim pursuant to the Feres doctrine is reversed and remanded where, contrary to the ruling below, jurisdiction existed because the service member who was injured on the boat was not engaged in activity incident to military service.

Appellate Information

• Decided 04/10/2008
• Published 04/11/2008

Judges

• SOUTHWICK, Circuit Judge:, Before KING, DeMOSS and SOUTHWICK, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Cathlynn H. Cannon (argued), E. Stratton Horres, Jr., Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, Dallas, TX, Francis P. Manchisi (argued), Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, White Plains, NY, for Starcraft Marine, LLC., Lowell V. Sturgill, Jr. (argued), Robert S. Greenspan, U.S. Dept. of Justice, Civ. Div., Washington, DC, Jennifer Bailey Drago, LAfayette, LA, for U.S.


• For Appellees:
  
• John W. deGravelles, deGravelles, Palmintier, Holthaus & Frugé, Baton Rouge, LA, for Plaintiffs-Appellees.