FEDERAL INS. CO. v. UNITED STATES

No. 78-1589.

618 F.2d 661 (1980)

FEDERAL INSURANCE COMPANY, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided March 24, 1980.


Attorney(s) appearing for the Case

Michael Kimmel, Atty., Civ. Div., Appellate Staff, Washington, D. C. (Barbara Allen Babcock, Asst. Atty. Gen., Stuart E. Schiffer, Acting Asst. Atty. Gen., Dept. of Justice, Washington, D. C., James P. Buchele, U. S. Atty., Topeka, Kan., with him on the brief), for appellant.

C. L. Robinson of Fitzgerald, Brown, Leahy, Strom, Schorr & Barmettler, Omaha, Neb., for appellee.

Before SETH, Chief Judge, and HOLLOWAY and McKAY, Circuit Judges.


PER CURIAM.

This is a Federal Tort Claims action brought by the plaintiff who was subrogated to several claims arising from an airplane crash in Kansas. The negligence of the Government was alleged to be in its failure to properly maintain an airstrip it was responsible for, and in not closing it when its use became dangerous. The evidence was that there was tall grass in rows on the strip and mud in between the rows. The accident out of which the claims arose occurred...

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