DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

092038P.pdf   11/29/2010  Kembra Eubank  v.  Kansas City Power & Light
   U.S. Court of Appeals Case No:  09-2038
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Colloton, Author, with Bye and Gruender, Circuit Judges]
   Civil Case - Federal Tort Claims Act. Following suit for wrongful death
   of Eubanks against Kansas City Power and Light Company, KCP&L filed
   third-party complaint against GSA supervisors for contribution and
   indemnity. The United States substitutes itself in place of government
   employees. Because Eubanks had no claim for actionable negligence
   against the United States and the United States did not breach an
   independent duty owed to KCP&L, the company's indemnity claim
   against the government is barred under Missouri law. Because Eubanks
   did not have a claim of actionable negligence against the United States
   because his exclusive remedy was through the FECA, KCP&L cannot
   assert a claim for contribution under Missouri law. The district court
   properly dismissed the contribution and indemnity claims for lack of
   subject matter jurisdiction.