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09/02/86 Paul D. Johnson, v. Bechtel Associates

September 2, 1986

PAUL D. JOHNSON, APPELLANT

v.

BECHTEL ASSOCIATES PROFESSIONAL CORPORATION, D.C., ET AL.; HOWARD L. EIGHMEY, ET AL., APPELLANTS,

v.

BECHTEL CIVIL AND MINERALS, INC., ET AL.; CALVIN WALKER, ET AL., APPELLANTS, V. BECHTEL CIVIL AND MINERALS, INC., ET AL.; JOHN WARREN

CLANAGAN, APPELLANT

v.

BECHTEL ASSOCIATES PROFESSIONAL CORPORATION, D.C., ET AL.; PAUL D. JOHNSON, APPELLANT,

v.

BECHTEL ASSOCIATES PROFESSIONAL CORPORATION, D.C., ET AL.;

CALVIN WALKER AND RENA WALKER, APPELLANTS

v.

BECHTEL ASSOCIATES PROFESSIONAL CORPORATION, D.C., ET AL.; JOHN

WARREN CLANAGAN, APPELLANT

v.

BECHTEL ASSOCIATES PROFESSIONAL CORPORATION, D.C., ET AL.; HOWARD L. EIGHMEY, ET AL., APPELLANTS,

v.

BECHTEL ASSOCIATES PROFESSIONAL

CORPORATION, D.C., ET AL.; STANLEY WILMES, APPELLANT

v.

BECHTEL ASSOCIATES PROFESSIONAL CORPORATION, D.C., ET AL.; PAUL D. JOHNSON, APPELLANT,

v.

BECHTEL ASSOCIATES

PROFESSIONAL CORPORATION, D.C., ET AL.; JAMES H. BUCHANAN AND SHIRLEY BUCHANAN, HIS WIFE, APPELLANTS

v.

BECHTEL



Before ROBINSON, Circuit Judge, and WRIGHT and MACKINNON, Senior Circuit Judges.

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

Associates Professional Corporation, D.C., et al.; Stanley

Wilmes, Appellant, v. Bechtel Associates Professional

Corporation, D.C., et al.; Calvin Walker, et al., Appellants, v. Washington Metropolitan Area Transit

Authority; John Warren Clanagan, Appellant, v. Bechtel

Associates Professional Corporation, D.C., et al.; Howard

L. Eighmey, et al., Appellants, v. Washington Metropolitan

Area Transit Authority; Glenwood Williams, Appellant, v.

Washington Metropolitan Area Transit Authority

Nos. 82-2017, 82-1784, 82-1809, 82-1813, 82-1899, 82-2062, 82-2063, 82-2148, 82-2374, 82-2458, 82-2459, 82-2525, 82-2529, 82-2530, 82-2531, 83-1003 1986.CDC.291

Appeals from the United States District Court for the District of Columbia, Civil Action Nos. 81-00963, 81-01261, 81-01125, 81-01481, 81-00114, 81-03057 and 82-00999, On Petition for Rehearing.

Opinion Per Curiam.

PER CURIAM: Appellants petition the court to reconsider its supplemental judgment of August 27, 1984, *fn1 affirming the district Court's prior rulings that appellee Washington Metropolitan Area Transit Authority enjoyed immunity from appellants' tort claims. The petition comes in light of legislation, enacted shortly after our judgment issued, that assertedly dictates the outcome of the case. Appellants also endeavor to raise new questions about WMATA's immunity. Because appellants' arguments are properly to be addressed, not on a petition for rehearing, but on a group of appeals from judgments of the District Court following our supplemental judgment, *fn2 we deny the petition. I

Appellants are workers allegedly injured while performing underground construction work on the subway system serving the District of Columbia and its environs. They filed negligence actions against WMATA and others, and in 1982, the District Court ...


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