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UNITED STATES v. VARIG AIRLINES

No. 82-1349.

467 U.S. 797 (1984)

UNITED STATES v. S.A. EMPRESA DE VIACAO AEREA RIO GRANDENSE (VARIG AIRLINES) ET AL.

Supreme Court of United States.

Decided June 19, 1984

Attorney(s) appearing for the Case

Deputy Solicitor General Geller argued the cause for the United States. With him on the briefs were Solicitor General Lee, Assistant Attorney General McGrath, Carter G. Phillips, Leonard Schaitman, and John C. Hoyle.

Richard F. Gerry argued the cause for respondents in both cases and filed a brief for respondents in No. 82-1350. Phillip D. Bostwick and James B. Hamlin filed a brief for respondent Varig Airlines in No. 82-1349. Robert R. Smiley III filed a brief for respondents Mascher et al. in No. 82-1349.†

CHIEF JUSTICE BURGER delivered the opinion of the Court.

We granted certiorari in these two cases to determine whether the United States may be held liable under the Federal Tort Claims Act, 28 U. S. C. § 2671 et seq., for the negligence of the Federal Aviation Administration in certificating certain aircraft for use in commercial aviation.

I

A. No. 82-1349

On July 11, 1973, a commercial jet aircraft owned by respondent...

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