AUSNESS ‘86 – Professor of Law, University of Kentucky (RICHARD, Fall, “Surrogate Immunity: The Government Contract Defense and Products Liability.”, 47 Ohio St. L.J. 985, Lexis Law, dheidt)
The United States Supreme Court affirmed the circuit court's ruling. The Court reasoned that the immunity that protected officers and agents of the federal government acting within the scope of their authority should be extended to private contractors who also acted on the government's behalf. n71 According to the Court: ". . . [I]t is clear that if this authority to carry out the project was validly conferred, that is, if what was done was within the constitutional power of Congress, there is no liability on the part of the contractor for executing its will." n72 The court also observed that the landowner could have sought compensation from the government for his injury in the court of claims. n73 Apparently, it thought that the plaintiff had attempted to circumvent the accepted statutory procedure by suing the contractor instead of the government. n74
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