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United States v. Seckinger, 397 U.S. 203 (1970)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
United States v. Seckinger, 397 U.S. 203 (1970)
United States v. Seckinger No. 395 Argued January 14, 1970 Decided March 9, 1970 397 U.S. 203
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
An employee of respondent contractor was injured while engaging in work that respondent was performing for the Government under a fixed-price contract providing that the private contractor "shall be responsible for all damages to persons or property that occur as a result of his fault or negligence. . . ." In a suit against the Government under the Federal Tort Claims Act, the employee was awarded damages based upon the Government’s negligence. Thereafter, the Government brought this action for indemnification, alleging that the contractor’s negligence was solely responsible for the employee’s injuries. The District Court granted respondent’s motion to dismiss, in part on the ground, thereafter sustained by the Court of Appeals, that the contract clause was not broad enough to permit indemnification of the Government for its own negligence, which had substantially contributed to the injury.
Held: Though the Government, under the contract clause involved here, cannot recover for its own negligence, it is entitled to indemnity on a comparative basis to the extent that it can prove that respondent’s negligence contributed to the employee’s injuries. Pp. 209-217.
408 F.2d 140, reversed and remanded.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Seckinger, 397 U.S. 203 (1970) in 397 U.S. 203 397 U.S. 204. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=TELXJ1KU5ZRGZUB.
MLA: U.S. Supreme Court. "Syllabus." United States v. Seckinger, 397 U.S. 203 (1970), in 397 U.S. 203, page 397 U.S. 204. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=TELXJ1KU5ZRGZUB.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Seckinger, 397 U.S. 203 (1970). cited in 1970, 397 U.S. 203, pp.397 U.S. 204. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=TELXJ1KU5ZRGZUB.
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