Johns-Manville Sales Corporation v. United States

690 F.2d 721 JOHNS-MANVILLE SALES CORPORATION, (Debtor in Possession, Bankruptcy Chapter XI), Plaintiff-Appellant, v. UNITED STATES of America, Captain A. J. Gildea, U. S. Navy, Commander, Long Beach Naval Shipyard, Defendants-Appellees. No. 80-5622. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 9, 1982. Decided Oct. 20, 1982. Rehearing and Rehearing En Banc Denied Dec. 6, 1982. Roy G. Weatherup, Haight, Dickson, Brown & Bonesteel, Santa Monica, Cal., for plaintiff-appellant. Richard A. Olderman, Washington, D. C., for defendants-appellees. Appeal from the United States District Court for the Central District of California. Before CHAMBERS and CHOY, Circuit Judges, and EAST, * District Judge. CHAMBERS, Circuit Judge: 1 Johns-Manville Sales Corporation 1 (hereafter "Johns-Manville") attempted to sue the United States in District Court for the Central District of California, to obtain a determination, at this time, that it is entitled to indemnification under the Federal Tort Claims Act ( 28 U.S.C. §§ 2671 et seq.) for any judgments that may eventually become final against it, in certain state court actions brought by plaintiffs, not parties…